Tuesday, March 25, 2014

#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

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