Tuesday, May 12, 2015

#282 - citizensofhumanity.ca - TRANSFER GRANTED

The Domain Name, citizensofhumanity.ca, was registered on June 17, 2011. The Complainant is the owner of the very popular brand CITIZENS OF HUMANITY, and its trademark registered in Canada in March 2014 (although it was applied for in 2005). The Registrant likely doesn't own a pair of the Complainant's comfortable jeans, and therefore did not respond.

The Panel found that, even though the trademark was not registered until 2014, since the Complainant used the Mark worldwide including in Canada since as early as May 2003 in connection with clothing, the Complainant has had rights in the Mark within the meaning of policy well before it was registered by the Registrant. Furthermore, The Registrant offered to transfer the domain to the Complainant for $6000.00 and was using it to direct visitors to third party websites that sell the Complainant’s jeans, which evidenced bad faith under the policy.

You can read the decision here.

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