Wednesday, June 24, 2015

#284 - business.ca - TRANSFER GRANTED


The Registrant is “Business.ca Incorporated,” which registered business.ca on September 23, 2000. The Complainant is 2193165 Ontario Ltd.

 

The Complainant is the owner in Canada of the design trade-mark BUSINESS.CA, which was registered on March 23, 2004. The Complainant acquired the trademark and the rights in and to the Domain Name from the Registrant on June 30, 2009 by way of an agreement. The Complainant alleges that the Registrant refuses to turn over the username and password to access/transfer the Domain Name.

 

Under the circumstances, the relevant date by which time the Complainant needed to have Rights in a Mark, is not the date of registration, but the date the Registrant purchased the Domain. Furthermore, bad faith on behalf of the Registrant can be determined from common sense inferences from the Registrant’s conduct and other surrounding circumstances.  The Panel ordered the transfer.


You can read the decision here.

Monday, June 1, 2015

#283 - thule.ca - TRANSFER GRANTED

The Domain Name at issue is thule.ca. Thule is a Swedish manufacturer of carriers, racks and cases for transportation. The Registrant, Liang Yingjie is an individual residing in Mississauga, Ontario, who did not respond to the complaint. 
 
The disputed Domain Name was registered on August 21, 2014 without the Complainant's knowledge or permission. Thule registered its trademark in 1981. The complainant registered its thule.com domain name in 1998 and owns 247 "Thule"-related domain names worldwide.
 
The panel found that the Domain Name was registered in bad faith as evidenced by the pay per-click links to third party websites present on the site which disrupted the business of the Complainant for the purposes of financial gain (as well as the banner indicating that the site was for sale).

You can read the decision here.