The Complainant, Cathay Pacific Airways Limited owns the CATHAY
PACIFIC and DRAGONAIR trademarks in Canada.
It previously lost a complained filed with Resolution Canada in July,
2016 without prejudice to seeking further relief by arguing rights in a Mark
based on its trade name CATHAY DRAGON (instead of a trademark).
On January 28, 2016, the Complainant announced that it was re-branding
its airline to CATHAY DRAGON. That same
day, it applied for trademarks in several countries, including Canada. The Domain Name was registered 2 days later,
on January 30, 2016. The Registrant did not respond.
The Panel found that the re-branding announcement on January 28,
2016 qualifies as evidence that the Complainant began trading under the CATHAY
DRAGON trade name, which qualifies as a Mark under the Policy (paragraph 3.2(a)). The Panel found bad faith based on the
suspicious timing of the registration, and because the Registrant was offering
the Domain Name for sale for 7,999 EUR.
You can read the decision here.
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