Monday, July 21, 2014

$264 - - TRANSFER

The Complainant established its case and the Panelists transferred the Domain Name to the Complainant.


The Complainant, Argos Trading Confectionery SP. Z.O.O. is the Polish owner of the popular SESAME SNAPS treat. It has owned the trade-mark and used it in Canada since 1971 in association with sesame bars.  In February, 2010, the Registrant registered the Domain Name.  Around this time, the Registrant and/or its previously authorized distributor sold sesame bars in association with the “Classic Sesame” mark (and a similar logo to the Complainant’s). 

Of note: The Registrant’s web site explicitly stated “Copyright © 2010-2013. David Michaels, dba Sesame Snaps in Canada and the USA”.  Although the Registrant argued that he was going to issue a Federal Court action invalidating the Complainant’s mark, The Panel found that the Registrant and Complainant were not affiliated in any way at the time of the Domain Name registration, and were clearly competitors (Registrant argued he was the brand consultant for the Complainant’s authorized distributor between 2003 - 2010.


You can read the decision here.  

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