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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