Moncler
S.p.A., the Complainant, is a luxury outerwear brand that first registered its
trademark in Canada in 1964. The Registrant Michael Cohen registered
<moncler.ca> without authorization in 2007.
The Domain redirected to a notice that the Domain Name was available for sale. Prior
to bringing this Complaint, the Registrant contacted Complainant with an
unsolicited offer to sell the domain name – in excess of the $275,000.00
offered by an unknown entity.
The
Registrant's counsel wrote to counsel for the Complainant stating that the
offering of the Domain name for sale was an error, and that the Complaint was
intending to use the domain in his transport business. The Panel found that
there was no evidence to support these bald assertions and found that the
Complaint had registered the domain in bad faith and had no reasonable interest
in the Domain Name.
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