Tuesday, September 22, 2015

#297 - cloudflare.ca - COMPLAINT DISMISSED

The Domain Name was registered on November 2, 2012. The Complainant alleged that it had rights in the mark and that the date of first use in Canada was April 21, 2010; however, the trademark application itself was not filed until October 30, 2013. On the US trademark registrations, the date of first use in the United States was listed as September 27, 2010, which is later than the alleged Canadian date of first use. The panel found that it was unlikely that use would have commenced earlier in Canada than the US, the Complainant's country of residence.

The Panel thus found that there was insufficient evidence of rights in the trademark prior to registration of the Domain Name and dismissed the Complaint.

Of note: although bad faith was not determined, the Registrant at one point offered to sell the Domain Name for $9,000.00.

You can read the decision here.

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