The Domain
name at issue is manulifedenial.ca. As at the date of drafting this summary, manulifedenial.ca
mirrors fishmanlawyers.ca, which includes a link to “Manulife Cases” containing
blog-like entries, and information relating to Jan Fishman’s legal practice. The
Registrant registered the Domain Name on December 7, 2015, and Manulife asserts
rights in the MANULIFE trademark for over 125 years.
The
Registrant argues that it has a legitimate interest in the Domain Name because
it acts on behalf of individuals with lawsuits against Manulife. The Registrant further argued that the Domain
Name is not confusingly similar, and relied on the British Columbia Court of Appeal
icbcadvice.ca case, but the Panel distinguished this case because there was
evidence of numerous active “icbc” related Domain Names.
The Panel
found there was evidence of bad faith because the Registrant sent an
unsolicited letter offering to sell this domain name (and others using the
MANULIFE mark) for $250,000.00.
You can read the decision here.
No comments:
Post a Comment