The Complainant failed to establish its case and the panelist therefore declined to order the transfer of AlbertaFoundationAndConcreteLifing.ca and AlbertaFoundationConcreteLifting.ca to the Complainant.
The Registrant (Concrete Specialists Ltd.) did not respond to the Complaint. The Complainant, David Chambers, is the President/sole shareholder of Alberta Foundation and Concrete Lifting Ltd. The Complainant is not the owner of any registered trade-mark and therefore must prove use of its Mark prior to August 23, 2010 (date of registration of the Domain Names). There was no evidence that David Chambers used the Mark and the panelist therefore rightfully dismissed the Complaint. The panelist helpfully suggested that the Complainant’s corporation ought to file the Complaint so that a future panelist could appropriately determine whether the Mark was in use.
Read the decision here.