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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