The Complainant established its case and the Panelists transferred the Domain
Name to the Complainant.
The Complainant, Marshall Ventilated Mattress Company Limited was
founded in 1918 and has extensively used a trade-mark prominently including
MARSHALL MATTRESS. The Registrant never responded to the Complaint. On
December 6, 2013, the Registrant, a manager of a mattress retailer in London,
Ontario contacted the Complainant about the possibility of selling the
Complainant’s mattresses, and on that same day registered the Domain Name.
Despite demand, the Registrant never transferred the Domain Name which resolved
to the Registrant’s www.cheapbeds ca web site to the Complainant. The Panelist found that the Registrant
registered the Domain Name in bad faith because of the timing of the Domain
Name registration, and because internet users would be enticed to purchase
mattresses from cheapbeds.ca in a manner likely to deceive them.
You can read the decision here.
