Zevia
has produced beverages since 2007 in the US, Canada and online through its
website. It operates under its ZEVIA trademark which was registered in the United
States on October 23, 2007. Its business expanded into Canada and it filed an
application with the CIPO to register the ZEVIA trademark in Canada 2008. Three
months later the disputed domain was registered, although the Canadian
trademark was not registered until 2010.
The
disputed domain was inactive but the panel found that if it were to become
active it would confuse the public. The Panel found that, given the very
distinctive trade mark at issue, it would be “difficult to conceive of” a
legitimate use of the domain. The Registrant did not respond to the complaint.
Furthermore, the Registrant had engaged in a pattern of registering domain
names of popular trademarks.
You can read the decision here.
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