Monday, October 22, 2012


The Complainant established its case and the Panelist transferred the domain name to the Complainant.

Cheap Monday is a famous brand in the fashion industry with stores in over 35 countries.  The Complainant, Weekday Brands AB, registered the CHEAP MONDAY trademark in Canada on 5 October 2009. Although the Registrant did not respond, the evidence showed that its domain was registered on August 2, 2012. The Registrant's web site could be described as a "parking-page" that contained advertisements for various services and products. The Panelist indicated that he found the domain name to be confusing for a number of reasons, including that the Registrant attempted a "cyber-flight" by transferring the Domain Name in the face of possible action by the Complainant and therefore depriving the Complainant (and Panel) of information that would otherwise be available in the WHOIS database. Also, the Panelist specified that "pay-per-click" models are not illegitimate business models, but the Website's confusing and illegitimate association to a famous brand to attract users was not bona fide constituting a legitimate interest.

You can read the decision here.

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