Friday, August 28, 2015

#294 - dellbusiness.ca and delldeals.ca - TRANSFER GRANTED


The Domain Name, dellbusiness.ca was registered on November 21, 2012, and updated, January 5, 2015. The Domain Name delldeals.ca, was registered on November 14, 2012, and updated December 7, 2014. The complainant is the owner of a number of DELL trademarks, first registered in 1989. The complainant owns dell.com dell.ca and dellrefurbished.ca among others.

 

The panel found that the Domain Names were confusingly similar to the trademark and, in accordance with numerous CIRA und WIPO case the inclusion of additional descriptive words or letters did not prevent the domain from being confusingly similar. The Registrant's procedural objections were meritless, including complaining that Dell's representative was based in the UK, the Complaint had not been served properly and DELL does not own a trademark for "operating a website".

 

The panel found that bad faith was evidenced by a pattern of registering infringing domain names, resolving the domains to pay per click websites and listing the domains for sale at domainnamesales.com.


You can read the decision here.

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