Tuesday, September 29, 2015

#302 - tous.ca - COMPLAINT DISMISSED

The Complainant is a Spanish company which has owned the TOUS trademark since 1920. It sold its products in Canada prior to the 2006 registration of the domain, which was sufficient to establish prior trademark rights. 

Despite the Registrant previously registering domain names in bad faith (in other successful Complaints), and despite the Domain Name resolving to a pay-per-click website, the Panel found that TOUS, which means 'all' in French, was too common a word to grant one party exclusive rights to its use. The Panel therefore refused to find that the Domain Name was registered in bad faith.

You can read the decision here.

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