Friday, September 26, 2014

amazonfirephone.ca - TRANSFER GRANTED



The Complainant established its case and the Panelists transferred the Domain Name to the Complainant.
 
The Complainant, Amazon Technologies, Inc. owns the highly popular AMAZON trade-mark in Canada, and markets a number of Amazon Kindle Fire devices in Canada.  The Registrant “shi lei” registered the Domain Name on April 6, 2014.  The Complainant also owns the AMAZON FIRE trade-mark application in Canada and registered the amazonfire.com domain name on April 17, 2002.  The Panel held that the addition of the generic term FIRE increases the likelihood of confusion with the Complainant’s trade-mark – especially in light of the timing of the Domain Name registration (after an Amazon media release regarding Amazon Fire TV products and Amazon phones).  The Panel further held that the Domain Name was registered in bad faith despite the passive holding of the Domain Name – especially in light of the popularity of the Complainant’s trade-mark.                                                                                                


You can read the decision here.  

Tuesday, September 9, 2014

#266 - dixie.ca - TRANSFER GRANTED



The Complainant, Dixie Consumer Products LLC, is one of the world's most widely recognized manufacturers of paper cups, plates, cutlery, etc. and is the owner of the DIXIE trademark in Canada (used in Canada since 1917).


The Registrant registered the Domain Name in 2005 and the parked web site contained links to other web sites offering for sale products that compete with Dixie. After Dixie contacted the Registrant with notice of the Complainant's rights in the trade-mark, the Registrant changed the web site to contain a solitary link inviting users to "contact the owner of this domain."

The Panel found that by using the word "Dixie" the domain name was confusingly similar and found that the presence of links to competitors was sufficient to establish bad faith. Given evidence from the Complainant that it had no business relationship with the Registrant and the absence of any evidence of legitimate interest from the Registrant, the Panel found that there was no legitimate interest and ordered the transfer of the Domain Name to the Complainant.


You can read the decision here.