The Complainant established its case and the Panelists transferred the Domain Name to the Complainant.
The Complainant, Dr. A.C. Daniels Co. Ltd., has owned the BAG BALM trademark in Canada since 1998 and has used it since at least 1930. The product is a medicinal ointment used to heal wounds on livestock. The Registrant registered the Domain Name in 2003, and distributes the Complainant’s ointment using the BAG BALM trade-mark in Canada, but is not affiliated in any way with the Complainant. The Panel found that the Registrant registered the Domain Name in bad faith because the web site is focused solely on the Complainant’s ointment and sells that product to consumers allowing the Registrant to reap commercial and financial benefits off of the Complainant’s trade-mark. Finally, the Panel found that the Registrant’s disclaimer that it is in no way affiliated with the Complainant was not enough to avoid a finding that the Registrant has no legitimate interest in the Domain Name.
You can read the decision here.
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