#258 - novozymes.ca - TRANSFER GRANTED

The Complainant manufactures, develops and sells biotech products in Canada, the USA and Europe and also owns the novozymes.com domain name. The Complainant registered its mark NOVOZYMES in Canada as early as March, 2004. The disputed Domain Name was registered on January 3, 2014 and the Respondent did not file a response to the Complaint. 

The Panel held that the Domain Name redirects users to websites of  companies competing with the Complainant by selling enzymes. Furthermore, the Complainant showed that the domain name novozymes.ca was offered for sale on a popular domain brokerage site, which was sufficient to demonstrate bad faith under the Policy.

You can read the decision here. 

#257 - tucowsreseller.ca - TRANSFER GRANTED

The Complainant established its case and the Panel transferred the Domain Name to the Complainant. The Registrant (through its notorious representative Daniel Mullen) attempted to respond to the Complaint, but it was rejected by Resolution Canada Inc. for non-compliance.

The Complainant, is a very popular domain name registrar since 1999, and the owner of the Canadian trademark TUCOWS. The disputed domain name was registered in April, 2012.

The Panel found the Domain Name was confusingly similar to the Complainant’s trade-mark, especially in light of the fact that TUCOWS is a coined word and inherently distinctive.  The Panel found that the Registrant registered the Domain Name in bad faith because the web site contained a hyper-link labelled “…may be for sale” and several hyper-links pertain to web site creation, hosting, and even links pertaining to the availability of domain names for sale, including tucowsreseller.ca. 

Of note: the panel did not consider the contents of without prejudice communications exchanged between the parties and respected the inadmissibility of this evidence had it been a formal court proceeding. 

You can read the decision here. 

#255 - doscusign.ca - TRANSFER GRANTED

The Complainant established its case and the Panelists transferred the domain name to the Complainant.

The Complainant, Docusign Inc., provides cloud-based signature technology.  In September, 2013, the Complainant learned that J2 Global Communications owned the disputed Domain Name (docusign.ca).  Despite the Complainant entering into an agreement to acquire the Domain Name, the Registrant, E-Signature Inc. asserted ownership.  Negotiations with E-Signature to acquire the Domain Name failed.  The Panel notes that DocuSign was registered in Canada in May 2008. The Registrant is a competitor of the Complainant and the Panel further noted that the Domain Name had no activity until the failed negotiations.  The Panel further held that the Domain Name could have a confusingly and negative public image impact/confusion about affiliation or sponsorship with the Complainant.

You can read the decision here. 

#256 - cec-cce.ca - TRANFER GRANTED

The Complainant established its case and the Panelist transferred the domain name to the Complainant.

The Complainant, Canadian Employers Council/ Conseil Canadian des Employeurs is the ‘voice’ of Canadian businesses on international labour issues. It uses the trade name ‘Canadian Employers Council’ (in English) and the ‘Conseil Canadian Des Employeurs’ (in French)”; and it “also commonly uses and is referred to under the abbreviated trade names ‘CEC’ or ‘CCE’”.  The Complainant inadvertently let its Domain Name (subject matter of this Complaint) lapse on August 15, 2013.  The Registrant’s web site contains the identical home page to that which previously appeared. The Panel held that the uniqueness of the domain name combined with the Complainant’s use over a long period of time was sufficient to establish bad faith.

You can read the decision here.           

shophockeycanada.com - TRANSFER GRANTED

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

The complainant, the Canadian Hockey Association (“CHA”), is the owner of both Canadian official marks and a US trade-mark registration for HOCKEY CANADA. 

Interestingly, and because this Asian-based web site selling counterfeit merchandise provided fake WHOIS information belonging to a Registrant in the United States, the Panel disregarded CHA’s Canadian official marks, and rightfully held that its US trade-mark registration was sufficient to establish rights.  

The Complainant argued that the goods for sale on the disputed domain were counterfeit, which the panel found was sufficient to establish bad faith. 

You can read the decision here. 

guitarcenter.ca and laguitarcenter.ca - TRANSFER GRANTED

The Complainant established its case and the Panel transferred the Domain Names to the Complainant. The Registrant did not respond to the Complaint.

The Complainant, a musical instrument retailer operating 252 retail locations across the United States, is the owner of the Canadian trademarks GUITAR CENTER and GUITAR CENTER & DESIGN. Although the disputed Domain Names were registered before the Complainant's trademarks, the Panel found that the Complainant had rights in its marks prior to registration. 

The Complaint produced evidence that it had used the GUITAR CENTER mark in radio advertisements in Windsor, Ontario. Furthermore, the Complainant argued that the marks had notoriety worldwide in Canada due to the historic Hollywood Rock Walk located at its flagship store in Los Angeles. Finally, the Complainant sells goods through guitarcenter.com, including to customers in Canada. Between 2006  and 2011, the Complainant’s records identified thousands of Canadian customers.

To establish bad faith, the Panel noted that at least three other CDRP Complaints have been successfully brought against the Registrant.