Tuesday, March 25, 2014

#251 - greybrook.ca - TRANSFER GRANTED

The Complainant established its case and the Panel transferred the Domain Name to the Complainant.

The Complainant is a subsidiary of Greybrook Corporation, which provides financial services in relation to real estate transactions, and the owner of the registered trademark, GREYBROOK, which was registered on February 25, 2010, The Registrant registered the disputed Domain Name on April 7, 2011 and the website resolved to the Registrant’s website, moscowitzcapital.com, also providing financial services in relation to real estate transactions.  The Registrant further requested the sum of $1,700.00 for the alleged bad faith filing of Complainant in filing the Complaint.

The Registrant alleged that they were entitled to use the trade-mark, as it was the name of a river in New Brunswick connected to the Registrant’s business. No proof of the existence of such a river was advanced.   

The Panel found that the Registrant was attempting to use the domain name to redirect those interested in the services of the Complainant, which was sufficient to establish bad faith.  Because the Registrant was unsuccessful, this shows the Complaint was not brought in bad faith, and the Registrant is therefore not entitled to $1,700.00, to offset the cost of preparing a response.

You can read the decision here

#252 - wallythompson.ca - TRANSFER GRANTED

The Complainant established his case and the Panelist transferred the Domain Name to the Complainant. The Registrant did not respond to the Complaint.

The Complainant, whose personal name is the domain in question, is an insurance professional and Vice-President Client Relationships & Business Development at Manulife Financial Affinity Markets.  He is also a Canadian resident. The Registrant was a customer of Manulife and was unhappy with a decision made by the Complainant. The issue for the Panelist was whether a personal name could be the subject of a complaint under the Policy.

The Panel found that the Complainant promoted and developed good will in his name over a long period of time (over 15 years).  As a result, his name had become a trade name and the Complainant had acquired common law rights over the mark WALLY THOMPSON.


The Panel found that the Registrant intended to cause harm to a trademark holder, for no legitimate purpose and as a result had met the requirements of bad faith under the policy. The Panelist found that link to adult web sites in order to tarnish the Complainant’s reputation is an element of bad faith. 

You can read the decision here

#253 - giuliaahmadi.ca - TRANSFER GRANTED

The Complainant established her case and the Panelist transferred the Domain Name to the Complainant. The Registrant did not respond to the Complaint.

The Complainant, whose personal name is the domain in question, is a lawyer at Manulife Financial Affinity Markets and a Canadian resident. The Registrant was a customer of Manulife and was unhappy with a decision made by the Complainant. The issue for the Panelist was whether a personal name could be the subject of a complaint under the policy.

The Panel found that the Complainant promoted her own name both as a lawyer and in the insurance industry over a long period of time.  As a result, her name had become a trade name and the Complainant had acquired common law rights over the mark GIULIA AHMADI.


The Panel found that the Registrant intended to cause harm to a trademark holder, for no legitimate purpose and as a result had met the requirements of bad faith under the policy. What was particularly disturbing to the Panelist was the tone of the e-mail conversations and communications between the Registrant and Complainant whereby the Registrant intended to circulate information about the Complainant’s family on the Internet.  

You can read the decision here

Tuesday, March 11, 2014

#250 - INTIMISSIMI.CA - TRANSFER GRANTED

The Complainant established its case and the Panel transferred the Domain Name to the Complainant.


The Complainant is M.F.H. Fejleszto Korlatolt Felelossegu Tarsasag of Budapest, Hungary and owner of the INTIMISSIMI family of trade-marks. The INTIMISSIMI trade-mark was registered in Canada on January 16, 2003. The Registrant Viviana Rossi registered the disputed Domain Name on February 27, 2013 and did not respond to the Complaint. The Panel found that the Registrant’s offer to sell the disputed domain name for $7,500.00, an amount clearly in excess of the costs for registering an acquiring the Domain Name, was indicative of bad faith. The Panel further held that the Registrant registered other domain names (philipmorris.ca, emporioarmaniwatches.ca) bearing recognizable trade-marks, also an element of bad faith. 

You can read the decision here