Wednesday, December 21, 2016

#329 - capitalonecallcentrejobs.ca and emploiscentredappelscapitalone.ca - TRANSFER GRANTED


The Complainant owns the CAPITAL ONE trademarks.  The Domain Names were registered in May, 2014.  The Domain Names resolved to websites containing information about the Complainant, and use of the Complainant's trademarks.  The websites appear to be some form of phishing campaign - there was a large red APPLY ONLINE HERE button on the website. 


The Panel found that the Domain Name was registered in bad faith because the Registrant was attempting to pass itself off as the Complainant. 


You can read the decision here.

#328 - huronconsultinggroup.ca - TRANSFER GRANTED

The Complainant owns the HURON CONSULTING GROUP trademarks registered since February 17, 2017 and has conducted business in Canada since at least 2005.  The Domain Name was registered on July 8, 2016 and resolves to a replica of the Complainant's website containing.  Following delivery of a cease and desist letter, the Registrant parked the website and it does not currently resolve to any active website. 


The panel found bad faith because the domain name was involved in a malicious phishing scheme purportedly offering employment with the Complainant and soliciting applications and other materials from the recipients of the emails. 


You can read the decision here.

#327 - terminix.ca - TRANSFER GRANTED

The Complainant owns the TERMINIX trademark registered for use in association with pest control services.  The Complainant has been using the trademark in Canada since 1982. The disputed Domain Name was registered on November 17, 2016 and is a typical pay-per-click website.


The Panel found that the Domain Name was registered in bad faith because there was evidence indicating that the Registrant was associated with another website offering services that compete with the Complainant.  The owner of this website was listed as the owner of the copyright on the other site which implies it has a commercial interest in the website. 


You can read the decision here.

#326 - picmonkey.ca - TRANSFER DENIED

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.