The
Complainant, Ford Motor Company of Canada, Limited, owns the Ford trademark
(registered in 1912) and the FAMILY PRICING trademark (registered on March 18,
2008). The Registrant is a sales specialist at an authorized Ford dealership.
The
Complainant alleges that despite the Registrant initially agreeing to transfer
the Domain Names, the Registrant then demanded $150,000.00 as compensation for
the “negative consequences” associated with this matter, the right to continue to
use the Domain Names, and an apology letter.
In the Registrant’s response, he states that he has the right to use the
Marks, finds the allegation of bad faith defamatory, and wants compensation of
$14,800.00 for legal and website costs.
The
Panel found that because there was evidence that the sales specialist employer
at Ford was unaware of the Registrant’s use of the Domain Name, and because
they instructed the Registrant to cease use of the Domain Names during the course
of employment, the Domain Names were registered in bad faith (paragraph 3.5(d)
of the Policy).
You can read the decision here.
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