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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