Wednesday, May 4, 2016

#309 - mobilemini.ca - TRANSFER DENIED

The Complainant, Mobile Mini Inc., owns the MOBILE MINI design trademark registered for use in association with metal containers and rental of metal containers for the storage and transportation of goods (used in Canada at least as early as 1990).  The Registrant operates a pay-per-click website with links relate to cell phones and related products/services and digital images of the back of person looking into a self-storage locker and another image that appears to show wooden storage crates in a warehouse.   The Registrant is connected with Ontrack Container Sales Ltd., and despite requesting an extension, did not file a response.  The Panelist disagreed that the Domain Name was registered in bad faith because the Complainant’s were not competitors (no evidence relating to this point in 2006 at the time the Domain Name was registered), the web site makes no reference to the Complainant (cell phones can be fairly characterized as MOBILE and MINI), and there is likely no confusion despite ten years of parallel use.  

You can read the decision here

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