The Complainants established their case and
the panelist therefore directed the transfer of mtvjerseyshore.ca to the
Complainants.
The registrant (W. Ryan Sutherland) did not
respond to the Complaint. Viacom International Inc. is a leading global media
company whose brands include MTV and its now off-the-air TV show Jersey Shore. One of the MTV trade-marks was registered as
early as 1987 and the unregistered JERSEY SHORE trade-mark was used in Canada
since at least as early as December 2009. The Registrant registered the Domain
Name (mtvjerseyshore.ca) in October, 2011. The Complainant delivered a cease
and desist letter to the registrant, which was ignored. The panel found that the Domain Name was registered
in bad faith because it was primarily registered to disrupt the Complainant’s
business – especially in light of the advertisements, photographs and blog
entries related to the Jersey
Shore television show. Although the Registrant did not respond to this Complaint,
he will not likely be doing any ‘fist-pumping’ following his review of this
decision. You can read the decision here.
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