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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