The
Complainant is Scouts Canada, first incorporated by act of Parliament in 1914
and owner of the trademark, Scouts Canada, filed for in 1991 and approved in
1992. The Domain Name was registered by 756870 B.C. Ltd. in 2009. It resolves
to a web site containing content critical of Scouts Canada.
The
Complainant did not file a copy of the registration of the trade-mark. While
the Scouts Canada Act made Scouts Canada the Complainant’s name, that was not
sufficient to satisfy the use requirement of the Policy because the Policy does
not contemplate protecting rights arising from private statutes.
Neither party
submitted any evidence of the content of the web site (other than opining on
the content of the web site) and the Panel held that it was not proper for it
to independently research the contents of the site. Accordingly, it found that
there was no evidence of bad faith and refused to grant the transfer.
You can read
the decision here.
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