Tuesday, June 14, 2016

#313 - manulifedenial.ca - TRANSFER GRANTED



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.

1 comment:

  1. A better reasoned decision is here:

    https://cira.ca/sites/default/files/public/Decision%20-%20manulife-denial.ca_.pdf

    ReplyDelete