Thursday, July 16, 2015

#287 -, and - 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 < > 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 < > 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.

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