Friday, May 24, 2013

#227 - swarovskishop.ca - TRANSFER GRANTED



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

The Complainant is Swarovski Aktiengesellschaft (Swarovski), one of the world’s leading producers of cut crystal, genuine gemstones and created stones. The SWAROVSKI trade-mark has been registered in Canada since as early as 1983. The anonymous Registrant registered the disputed Domain Name on July 12, 2011 and did not respond to the Complaint. The Panel found that the addition of ‘shop’ and ‘.ca’ to a trade-mark does not prevent it from being confusingly similar. With respect to the bad faith analysis, the Registrant’s previous pattern of registering Domain Names comprised of existing marks coupled with the $10,000.00 offer to sell the disputed Domain Name supported the inference that this Domain Name was registered for the purposes of commercial gain and to prevent the rightful trade-mark owner from using/registering its trade-mark as a Domain Name. 

You can read the decision here

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