The Complainant established its case and the Panelist transferred the Domain
Name to the Complainant.
The Complainant owns the family of MEGUIAR’S trade-marks registered as
early as February, 1968 for use in association with cleaning care products. The Registrant is Interex Corporate
Registration Services Inc. The Domain
Name was a typical pay-per-click site. The Registrant argued that MEGUIARS is a
surname, similar to others such as Maguire, Macgwire, etc. The Registrant also argued that he searched
CIPO for MEGUIARS (no apostrophe) but there was no match. '
The Panel found that the Domain Name was confusingly
similar since there can be no apostrophes in the Domain Name. The Panel further held that the Domain Name
was registered in bad faith because the Registrant has engaged in the registration
of unauthorized domain names containing 3rd party trademarks including
philishave.ca and abercrombiefitch.ca. The
Panel further held that “meguiars” is not a commonly known surname in Canada.