The
Complainant, Fluor Corporation is a publicly traded construction company
employing 40,000 people around the world. The Registrant is Flour Curling, who did
not respond to the complaint. The Complainant first registered its mark FLUOR
in Canada in 1973 and fluorgroup.ca was
first registered on January 27, 2015.
The
Panel Found that the addition of the generic term “group” did nothing to
distinguish the Domain Name from the Complainant's registered trade-mark. The Panel
found that the Registrant had no legitimate interest in the Domain Name - the
use by the Registrant in putting the ® symbol beside the FLUOR trademark in its
fake job application shows the Registrant likely knew of the trademark. Thirdly, the Registrant used the Domain Name
"to impersonate Complainant, sending emails to potential job seekers from
a "FLUOR CORPORATION <hrd@fluorgroup.ca"
email using the name of the actual HR Manager of the Complainant. The panel
found that holding itself out as the Complaint was a clear example of bad faith
and ordered the transfer.
You can read the decision here.
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