The Complainant established its case and the panelist therefore directed the transfer of ndgraphics.ca to the Complainant.
The registrant (David Allsebrook) did not respond to the Complaint. ND Graphics Inc. is an online supplier of equipment and material for the sign and imaging industry. The ND GRAPHICS trade-mark was registered in Canada in 1991, but used as early as 1983. The Registrant’s Domain Name was being used to redirect visitors to the Registrant’s own business, www.allsigns.com. The Domain Name was registered in May, 2012. In July, 2012, the Registrant contacted the Complainant in order to purchase a printer and invited the sales representative of ND Graphics to visit the Domain Name. A cease and desist letter was served immediately thereafter and the Registrant offered to sell the Domain Name to the Complainant for $150,000.00. As part of its bad-faith analysis, the panel found that the registrant did business with ND Graphics and therefore knew about their name and trade-mark. They also found that linking the Domain Name to the Registrant’s own business suggests mischievous intent. Lastly, the $150,000.00 offer suggests that the Registrant’s only motive was to ransom the Domain Name to the Complainant.
You can read the decision here.