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.
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