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.

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