Wednesday, November 14, 2012

#203 - blancosinks.ca - TRANSFER GRANTED




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

Blanco, the Complainant, it one of the largest producers of kitchen sinks and is represented all over the world. The Registrant registered the Domain Name on January 29, 2012 and was contacted by the Complainant on May 19, 2012, but did not respond.  The BLANCO trade-mark was used in Canada as early as 1990.  The panel held that the addition of the word ‘sinks’ after the trade-mark only strengthened the connection to the Complainant. Regarding the bad faith limb of the policy, the Panelist held that Complainant satisfied two required elements. Firstly, the domain name was registered primarily for the purpose of disrupting the Complainant’s business as the domain name contained the famous trade-mark. Secondly, the Complainant was a competitor of the Registrant because a broad interpretation of the word ‘competitor’ includes websites that compete for attention, which use results in misleading diversion.  

You can read the decision here.

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