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.

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