#287 - rfrk.ca, realffoodforkids.ca and realfoodlunchclub.ca - TRANSFER GRANTED

Complainant in this proceeding is Real Food For Real Kids Inc., The Registrant is Boaden Catering Ltd., the Complainant’s competitor, although it did not respond. The Domain Names were registered in 2014, however, the Complainant started doing business using the mark "Real Food For Real Kids" on May 10, 2004. The complaint is also uses its unregistered trademarks, the acronym "RFRK" and its sub-brand "Real Food Lunch Club.”

The Registrant operates a business named "Organic Kids Catering" which is in competition with the Complainant's business in the Greater Toronto Area. The Domain Names either redirected their visitors to the Registrant's competing business, and one of the Domains was operating as a pay-per-click advertising page. Previously, a UDRP Panel found that the Registrant was registered <realfoodforrealkidss.com > in bad faith after the Registrant asked for $42,000.00 to sell the domain to the Complainant.

The Panel found that the Domain Names were confusingly similar, although the question was more complex in the case of the domain name <realffoodforkids.ca > because the second "real" from the mark was not present in the Domain Name. However, because the applicable test is based on a first impression and imperfect recollection, the Panel found it is reasonable to believe someone would confuse "real food for kids" with "real food for real kids".

Given that the Registrant was clearly trading off on the Complainant's trademarks in order to make a financial gain and attempting to disrupt the Complaint’s business, it was acting in bad faith. 


You can read the decision here.

#286 - riu.ca - TRANSFER GRANTED

NOTE: Google Translate was used to translate the French-language decision.

 

The Complainant is RIU Hotels, S.A., a very well-known worldwide hotel chain (visited by Canadians during our long and cold winters).  The Complainant owns the riu.com domain name. The Registrant is Stacy Lee, affiliated with Travel Last Minute Inc., and she registered the Domain Name in July, 2004. Despite being granted an extension of time, the Registrant did not respond/

 

The Panel noted that the RIU domain name is identical to the Complainant’s trademark, and some of the images on the Disputed Domain Name were identical to those found on the Complainant’s.  Further, there was no explanation as to why Stacy Lee chose the RIU trademark in its entirety when she registered the Domain Name – likely to bring consumer’s to her travel agency, LAST MINUTE TRAVEL.

You can read the decision here.

 

#285 - restorecsa.ca - COMPLAINT DISMISSED

The Complainant is the Canadian Standards Association, a standards development, testing and licencing organization with a global presence. The Registrant, P. S. Knight Co. Ltd., in an Alberta corporation.


After the Complainant sued the Registrant in Federal Court for copyright infringement alleging that the Registrant publishes and sells guidebooks regarding the Complainant's standards that compete with the Complainant books of standards (the "Federal Court Action"), the Registrant registered this Domain Name along with a number of other .com domain names.


The Registrant denies the allegations in the Federal Court Action and resists this complaint, arguing that the Domain is a non-commercial website created for the legitimate purpose of criticism and advocacy.


Pursuant to Paragraph 13.2 of the Policy, The Panel terminated the proceeding holding that the subject matter of the Complaint is merely one aspect of an ongoing dispute between the parties and that the Federal Court is the better forum to resolve the dispute.

You can read the decision here.