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.
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