Monday, November 26, 2012

#205 - blancofaucet.ca - TRANSFER GRANTED



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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