The Complainant established its case and the Panelist
transferred the Domain Name to the Complainant.
The Complainant, BLANCO GmbH + Co KG was recently successful
in a Complaint against Abdou Al-Khoulani (blancosinks.ca). This Complaint was
commenced against the same registrant for transfer of the BLANCOFAUCET.CA Domain
Name. The Panelist held that a
descriptive term such as “faucet” is not enough to distinguish the Domain Name
from the Complainant’s trade-mark. As a result, the domain name was held to be
confusingly similar. Regarding the bad faith of the Registrant, the Panelist
found that although the Registrant did not engage in a pattern of such conduct
(it was not clear whether Blanco’s Complaint referenced the previously
transferred domain), nor was a competitor of the Complainant, the Registrant
would have been aware of the Complainant’s trade-mark at the time of
registration and therefore chose the Domain Name for the purpose of commercial
gain.
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