The Complainant established its case and the Panel therefore directed the transfer of amextravel.ca to the Complainant.
The Registrant (Interex Corporate Registration Service Inc. which it argues is a “nominal registrant” protecting its client (which appears to be Daniel Mullen)) responded to the Complaint. American Express Marketing & Development Corp. (“AMEX”) is the owner of the AMEX and AMEX TRAVEL ASSURANCE trade-marks registered in Canada between 1987 and 2008 for use in association with various credit card and travel related services. The Registrant attempted to argue that the Complainant’s trade-marks were not valid, and that the terms of the CDRP were also not valid, despite also agreeing to the wording of the Policy when it registered the Domain Name. The Domain Name resolves to a typical pay-per-click web site containing a series of links to various credit card companies’ websites, including the Complainant.
The Registrant unsuccessfully argued that it did not register the Domain Name in bad faith since it is the visitors to the web site that determine which links are included (presumably by previous searches made by each visitor).
You can read the decision here.
Post a Comment