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.
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