The Complainant did not establish its case and the panelists
therefore dismissed the kay.ca Complaint.
The registrant (Hiba Alnatour) responded to the Complaint. The
Complainant asserts it has used the KAY JEWELERS and KAY trade-marks in Canada
since 1999 to distinguish its provisions of jewelry retail services. The
Domain Name was not registered until February 16, 2011. The Registrant, as a domain investor,
acquired several three-letter generic Domain Names, including kay.ca. The Complainant offered to purchase the
Domain Name for the advertised bidding price of $2,500.00 but then received a
counter-offer in the amount of $17,500.00.
The Complainant was unsuccessful because the panel found that persons in
Canada would not confuse KAY JEWELERS with the Domain Name kay.ca, which is a
generic three-letter word. The panel was
not able to conclude that the Domain Name was registered in bad faith. The Registrant successfully argued that there
are numerous KAY trade-mark registrations, and the Complainant does not even
operate any retail stores in Canada.
You can read the decision here.
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