Wednesday, May 8, 2013

#226 - myloreal.ca - TRANSFER GRANTED



The Complainants established its case and the Panelist transferred the Domain Name to the Complainant.

The Complainants are L’Oreal SA and L’Oreal Canada Inc.  The Registrant is Victor Silva. The Complainants use the L’Oreal trade-marks in association with its hair care products, and has enjoyed success around the world. The Complainant registered its trade-mark in Canada in 1921 and then in October of 2011, the Registrant registered the Domain Name. The Domain Name was available at auction through GoDaddy starting at a price of $8,500.00.  The Registrant went as far as contacting the Complainant directly by letter on March 19, 2012 with an unsolicited offer to sell the Domain Name. The Panelist found that the Domain Name was confusingly similar despite removing the apostrophe from the trade-mark and including the word “my” in front of the trade-mark.  Amongst other things, the Panelist found that the Domain Name was registered in bad faith because the Registrant was subject to previously brought dispute resolution proceedings and therefore had a continuous pattern of registering well known and famous trade-marks or variations thereof as Domain Dames. 

You can read the decision here

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