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

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