Monday, February 11, 2013


The Complainant was Asos Canada Services Limited and the Registrant was Nexon Media Inc. A response was received from the Registrant, who had registered the Domain Name on January 28, 2009, allegedly on behalf of Asos Canada, Inc. The Complainant acquired all right, title and interest in the ASOS mark by way of assignment on July 31, 2012. The Complainant first had to show that the ASOS mark had been used in Canada (as a common law mark), which it did. However, the Complainant failed to satisfy the Canadian Presence Requirements and its Complaint was dismissed, since it could not have registered the Domain Name on January 28, 2009.  It was not a company incorporated in Canada, nor did it have a registered trade-mark.

You can read the decision here.  

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