Tuesday, October 25, 2016

#324 - coulisse.ca - COMPLAINT DENIED

The Complainant, Coulisse B.V., is an international leading designer, manufacturer and supplier of window coverings using the COULISSE trademark. Despite counsel’s attempts to contact the anonymous Registrant and purchase the Domain Name, it was not successful. The COULISSE trademark was registered as of February, 2015 with a date of first use as early as December 31, 2007.  The Registrant registered the Domain Name on September 30, 2008.

The Domain Name, coulisse.ca, resolves to a parked site containing the language: “FUTURE HOME OF SOMETHING QUITE COOL”.  The Panel rejected the Complaint and noted that there was no evidence of bad faith submitted, namely, that the business of the Complainant was not being disrupted, there was no commercial gain as at the time of the Complaint, and that there was no evidence of any pattern of cybersquatting.  The Panel noted that COULISSE was a word in the French language, and not a coined term.   

You can read the decision here.

Monday, October 17, 2016

#323 - osim.ca - TRANSFER GRANTED

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.

#322 - getmichelintires.ca - TRANSFER GRANTED

The Complainant, Compagnie Generale des Establissements Michelin, is one of the world’s largest tire manufacturers. The Registrant is Jason Hughes, and he did not respond to the Complaint. The Complainant had worldwide revenue in 2012 over 30 billion CAD.

The Domain Name, cheapmichelintires.ca, is currently being used to forward customers to getcheapparts.ca containing goods, including Michelin tires and products from competitors.  The Panel found that the Domain Name was registered in bad faith because the Registrant would be motivated by commercial gain and use the MICHELIN trademark to attract users to its site.

You can read the decision here.