Monday, February 2, 2015


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.

No comments:

Post a Comment