The Complaint sells party supplies
using the trademark HALLOWEEN CITY and the domain names and web sites halloweencity.com
and halloweencitycanada.com. The domain at issue is halloweencity.ca.
The Complainant registered the
trademark HALLOWEEN CITY on 31 October 2013, but had been using the Trade-mark,
unregistered, for many decades. The Panel found that, since the Domain Name is
effectively identical to the trademark it was clearly “confusingly similar” to the
Complainant’s Trade-mark.
The Registrant initially offered the
domain name for sale to the Complainant for US$30,000. The Panel found that
offering the Domain Name for sale had long been considered a clear indicium of
bath faith. Furthermore, the Panel found that no use was being made of the Domain
Name, and was not the name or surname of the Registrant and the Domain Name,
and was not linked geographically to any place of business meaning that the Complainant
had met its burden of showing that there was some evidence that the Registrant
had no legitimate interest in the Domain. The Panelist ordered the transfer of
the Domain Name to the Complainant.
You can read the decision here.
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