The Complainant, OSIM International Ltd., is engaged in the industry of the provision of healthy lifestyle products and has a family of trademarks including the OSIM registration in 2006. The Registrant registered its Domain Name in 2005, but OSIM provided evidence of prior use of its mark since 2002 (and it registered its .com domain name in 1997). The Registrant demanded payment in the amount of $10,000.00, and the domain is not being used for any purpose, but was registered by Isabelle Yang for his daughter, as OSIM is her nickname (derived from a widely popular soap opera character in Japan).
The Panel carefully considered the Registrant’s comments and noted the lack of tangible evidence/support for the Registrant’s position, namely, that there was no evidence of the soap opera character, no evidence OSIM was a common name, that the nickname as in fact the daughter’s actual nickname, that he never knew of the OSIM name “at least in Toronto”, and that he lives in the same area in British Columbia as OSIM’s retail stores.
You can read the decision here.
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