Thursday, July 19, 2012

#193 - CDRP Summary - (Transfer granted)

The Complainant established its case and the panelist therefore directed the transfer of to the Complainant. 

The registrant (Jason Abbott) did not respond to the Complaint. LEGO Juris A/S (“LEGO”) in an extremely well-known maker of toy building block sets.  The LEGO trade-mark was registered in Canada in 1957.  The Registrant’s Domain Name is currently being used as a “pay-per-click” site. The Panelist found the addition of the generic word “furniture” to the Domain Name did not alleviate confusion due to the “world famous” LEGO trade-mark. Given the clear (or at least constructive) notice of the existence of the LEGO mark prior to registering the Domain Name, the panelist found that the logical inference is that the domain name was registered to capitalize on LEGO’s goodwill. 

Read the decision here

#192 - and - Complaint dismissed

The Complainant failed to establish its case and the panelist therefore dismissed the Complaint.
The registrant (Michel-Ange Romelus (per CIRA)) responded to the Complaint. Inc. and are companies incorporated pursuant to the laws of the Province of Ontario.  Their sole owner and operator is Gregg Dalrymple. In November 2010, the Complainant provided the funds to its IT Manager, Ross Sullivan to develop its websites under the and domains. In 2011, Ross Sullivan left the Complainant’s company and transferred the Domain Names to the Registrant.  On February 3, 2012, the Complainant received an anonymous e-mail that the Domain Names would be re-directed away from the Complainant’s website.  The Registrant is not a competitor of the Complainant, and has been paying the renewal fees and other costs associated with the Domain Names since their acquisition. The Complainant failed to prove the Domain Names were registered in bad faith, in part due to the confusion surrounding Ross Sullivan’s role as IT Manager and whether he had a more active business role with the Complainant prior to his departure.   

Read the decision here.