Wednesday, December 21, 2016


The Complainant owns the PICMONKEY trademark and offers online photo-editing software called "PicMoney".  The PICMONKEY trademark was registered as of February 26, 2016 for use in association with image processing software design.  The Domain Name was registered on April 10, 2012 and operates as a pay-per-click website.  After the Complainant delivered a cease and desist letter, the Registrant's domain broker "Shaun" indicated the Registrant might engage in negotiations to sell the Domain but only after the Complainants cancelled the proceeding.

The Panel found that the filing date of the trademark application (March 12, 2012  - approximately one month before the Domain was registered) is not sufficient to establish use of the trademark in Canada.  In this Complaint, there was no evidence filed of any use of the PICMONKEY trademark in Canada before the Domain Name was registered.

You can read the decision here.

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