Thursday, September 24, 2015


The Complaint operates 5 stores in Canada using the UBREAKIFIX trademark and provided evidence of use that pre-dates the 2014 registration of the disputed domain.

The Registrant argued that the Domain Name was generic as it relates to fixing damaged products and that he had no intention of competing with the Complaint.  However, the Complaint submitted that the website was visually similar and had taken stock images from the Complainant's website. The Panel found that the website was designed to create confusion as to the source of the website for commercial gain, which could support a finding of bad faith (3.5(c)).

You can read the decision here.

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