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.
You can read the decision here.
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