The Complainant owns Canadian trademark registrations for
the trademark KIJIJI, registered February 12, 2008. The trademark registration
was before five of the disputed domains were registered, but subsequent to
three. The Panel found that since the Complainant had used the mark in Canada
since 2005 and registered the kijiji.ca domain
name on January 18, 2005, the Complainant had rights in the Mark prior to the
registration of the disputed domains.
The Panel refused to find that bad faith was established
pursuant to 3.5(b) of the Policy (preventing the Complainant from registering
the domain names), because the domain names were variations of the trademarks, not
the KIJIJI trademark itself, and the Panel is therefore required to consider
the intention of the Registrant.
The Panel did find that bad faith was established pursuant
to 3.5(d) of the Policy (intentionally attracting internet users for financial
gain).
You can read the decision here.
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