The
Complainant had conducted business as a Honda dealership under the trade name
"Alberta Honda" for over 20 years, and operated albertahonda.com since 1998.
The Panel found that the trade name constituted a
mark under the policy. The Domain Name resolves to the website of another
dealership, Sherwood Park Chev. The Registrant argued that his
"analytics" showed that no referral traffic actually passed to Sherwood
Park Chev's website. However, the fact that the Domain Name resolved to a competitor
indicated an intention to use to the competitor's trade name in bad
faith. The responding argument that the dealer once intended to sell used vehicles, including Honda-branded vehicles failed.
No comments:
Post a Comment