The complainant is Empire Theatres Limited of New Glasgow, NS. The registrant is Michael Morgan of 15 Lorna Court, Elmsdale, NS. The disputed domain name is <empiretheatres.ca>
The registrant did not file a response. The panel found that the Complainant owned the EMPIRE THEATRES trade-mark and further found that the Domain Name in question, which was identical to the Mark, was confusingly similar. The panel also held that the Registrant had no legitimate interest in the Domain Name because the respondent’s use of the Mark long predated registration of the subject Domain Name and the Registrant was using the Mark to attract customers and re-direct them to competing products. Finally, the panel found the registrant had registered the Domain Name in bad faith since it was aware of the renown of the Mark and registered the Domain Name to attract and mislead internet users.
You can read the decision here.
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