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.
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