Thursday, September 26, 2013


The disputed Domain Name is, which was registered on December 9, 2011. The complainant is Americana International (represented by Kestenberg Siegal Lipkus LLP), the owner of the immensely popular BENCH clothing brand, which is sold in retail outlets and across Canada and the world. The Registrant did not respond to the complaint. 

The Panelist found that the Domain Name was confusingly similar to the complainant’s BENCH trade-mark. Rather than dispel confusion, the addition of the word “clothing” enhanced any confusion by capturing not only the trade-mark itself but also the wares in association with the trade-mark.

The Complainant submitted that the Domain Name was used by the Registrant to sell counterfeit products and this supported a finding of bad faith.  The Panelist agreed. Furthermore, the Registrant, "Bench Clothing Store Inc.” had no relationship with the complainant and was not even a registered business name. The Panelist therefore held that the Registrant had no legitimate interest in the Domain Name and ordered the transfer the Complainant. 

You can read the decision here.

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