Tuesday, February 26, 2013

#224 - cuisinesaction.ca - TRANSFER GRANTED

The Registrant registered the domain name on November 15, 2012. The Complainant, 2757-5168 Quebec Inc., is in the business of designing, constructing, planning and installing kitchens and has used its mark CUISINEACTION on the Internet since January 7, 2004. The Panel found the Domain Name to be confusingly similar with the Complainant’s Mark and registered in bad faith. The panel held that an objective person could confuse the Registrant’s domain with the Complainant’s mark, and the Registrant hoped to capitalize off consumer confusion. The Registrant was using the Domain Name to criticize the Complainant’s business, which he argued provided him with a legitimate interest in the Domain. Although freedom of expression is an important right and is non-commercial, it does not grant the Registrant the right to use a Domain Name in such a manner. Even if the Domain Name consisted of good reviews of the Complainant’s business, it would still cause confusion, and another Domain Name could have been used by the Registrant. Note: I used Google translate to assist in the translation of the decision.

You can read the decision here

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