The Complainant established its case and the panelist therefore directed the transfer of ophea.ca to the Complainant.
The Complainant is a well-known not for profit entity with substantial goodwill in the area of supporting healthy active children in schools and communities province-wide. Its predecessor in title used the OPHEA trade-mark in Canada since 1975 and its design mark was registered in October 2011. The Domain Name was registered in February, 2009. The registrant’s website used to direct visitors to jump-aerobics.com but is now “under construction”. In April, 2012, the registrant offered to sell its Domain Name to the Complainant for $18,500.00, but later retracted this offer. The panel held that the Complainant provided proof of its common law rights in and to the OPHEA trade-mark. As part of the bad faith analysis, the panel found that the hyperlink to the registrant’s jump-aerobics.com web site was piggybacking on the Complainant’s goodwill.
Read the decision here.