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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