The Complainant, Vibram S.p.A., is a popular manufacturer of rubber
outsoles for footwear. The Registrant is Interex Corporate Registration
Services Inc. (often represented by known cyber-squatter Daniel Mullen). The
Domain Name was registered on August 31, 2009.
The Registrant attacked the Complainant’s registered trademark, and
argued that the Complainant should fail on the basis of the doctrine of laches
since the Complaint was filed seven years after registration of the Domain name.
The Panel correctly found: (1) that this is not the appropriate
forum to dispute the validity of a registered trademark, (2) clarified the test
for assessing confusion (first impression and imperfect recollection) which is
different from a section 6(5) Trademarks
Act analysis (see: fordparts.ca decision), and (3) found bad faith because the
Registrant has engaged in a pattern of unauthorized domain name registrations
containing third party trademarks - there are numerous previous CDRP decisions
involving the Registrant and Daniel Mullen.
You can read the decision here.
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