Friday, September 9, 2016

#318 - fordparts.ca - TRANSFER GRANTED

The Complainant, Ford Motor Company of Canada, Limited, owns the Ford trademark (registered in 1912). The Registrant operates a pay-per-click site, and did not respond.


The Panel found that by redirecting traffic from fordparts.ca to other sites competitive with Ford creates a clear impression cause confusion, disruption and hijacking of Complainant’s business. Interestingly, in finding that the marks were confusingly similar, the Panel embarked upon a section 6(5) Trademarks Act analysis instead of the typical analysis used by panels, namely, that the domain name resembled the trademark in appearance, sound or ideas suggested by the trademark as to be likely mistaken for the trademark.  


You can read the decision here.

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