The Complainant is a US organization providing insurance services in Canada through licensed agents for several decades using the VFIS mark (registered in Canada as early as 1994, long before the disputed domain names were registered in 2015). The Registrant used the domain name to forward users to its website, providentbenefits.ca, offering competing insurance products.
The Panel found that the Domain Name was registered in bad faith because the Registrant is a competitor of the Complainant, and the website is likely leading to further financial loss to the Complainant.
You can read the decision here
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Tuesday, February 27, 2018
Monday, February 19, 2018
#361 - mypillow.ca - COMPLAINT DENIED
The Complainant owns the MYPILLOW trademark registered since March, 2013 with a date of first use in Canada in January, 2008. The Registrant registered in the Domain Name on March 2, 2010. The Domain Name redirects users to the Registrant's primary business, www.ecoeteco.com (where the Registrant does sell pillows). The Registrant states that she was unaware of the existence of the Complainant's mark, ignored the Complainant's cease and desist letter received two years ago and uses the site as a marketing tool to attract customers.
The Panel found that the Registrant failed to submit evidence of use of MYPILLOW as a trademark prior the registration of the Domain Name.
The Panel further held that the Domain Name was not registered in bad faith because the mark is descriptive and the Registrant swore an affidavit confirming that she was unaware of the Domain Name at the time it was registered.
You can read the decision here.
The Panel found that the Registrant failed to submit evidence of use of MYPILLOW as a trademark prior the registration of the Domain Name.
The Panel further held that the Domain Name was not registered in bad faith because the mark is descriptive and the Registrant swore an affidavit confirming that she was unaware of the Domain Name at the time it was registered.
You can read the decision here.
Wednesday, February 14, 2018
#360 - meetic.ca - TRANSFER GRANTED.
The Complainant is a leading online dating service in Europe, and owner of the MEETIC trademark registered in Canada since March 2007. The Domain name was registered in May, 2007. The Panel found that the Domain Name was registered in bad faith because it is points to a pay-per-click website and that the Registrant has a pattern of registering domain names using trademarks belonging to third parties (reference made to the twittr.com UDRP WIPO Case Number D2011-1992).
You can read the decision here.
You can read the decision here.
#359 - desigual.com - TRANSFER GRANTED
The Complainant is the owner of the DESIGUAL design trademark
registered in Canada in association with clothing since 1999. The Domain Name
was registered in January, 2010 and the Registrant argues that DESIGUAL is generic
and is Spanish for “uneven, unequal and one-sided”. The Domain Name was hyperlinked to
giftagreen.com, a business that appeared on Dragon’s Den and its tea products
are sold in 500+ stores across Canada. Additionally, an offer to sell the Domain
Name for $40,000.00 and on another occasion for $50,000.00 was not unsolicited.
The Panel found that the backwards ‘S’ in the Complainant’s
design trademark does not alter the finding of confusion. The Panel further held that the legitimacy of
the giftagreen.com business is not in issue in the Complaint. Additionally, the Panel found that the Domain
Name was registered in bad faith because the Registrant used the DESIGUAL mark to
hyperlink its site to giftagreen.com.
You can read the decision here.
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