Friday, February 26, 2016

#307 -,,,,,, and - TRANSFER GRANTED

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 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.

No comments:

Post a Comment