Monday, February 2, 2015


The Complainant, a precious metals firm, is the owner of the Canadian trade-mark METALOR, which was registered on September 9, 1994 and has been in use as early as 1982. 

The Registrant (KMB Environmental Inc. c/o/b/ Michael Gupton) resolved the Domain Name to a pay-per-click website populated with sponsored links. The Complainant sent a letter to the Registrant through the CIRA message delivery form advising the Registrant of the Complainant’s rights but received no response. 

The Registrant did not technically respond to the Complaint, but did write several emails to the Panel stating that the domain was "parked", was not being used for any kind of commercial gain and the matter could have been resolved for the reimbursement of his reasonable out of pocket expenses .​ Nevertheless, the panel found that it is a "well-established principle" that resolving a domain name to pay-per-click sponsored links to competitors of a complainant may be considered evidence of bad faith and ordered the transfer of the Domain Name to the Complainant.

You can read the decision

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