Wednesday, March 14, 2018


The Complainant opened its first PAYLESS SHOESOURCE retail shoe location in Canada in 1997, and now operates over retail locations across 10 provinces.  In 2008, its sales were in excess of $180,000,000.00/year and over 25,000,000 pairs of footwear sold.  The Registrant registered its Domain Name in 2004, long after the Complainant registered its trademarks.

The Panel found that the Domain Name was registered in bad faith because the Registrant was operating pay-per-click site, and obtaining advertising revenue from third parties.

You can read the decision here


The Complainant, The Procter & Gamble Company, owns the SINEX trademark, used in Canada since 1960, in association with sinus relief products.

The Panel held that the Registrant’s asking for a quote/offer after delivery of a cease and desist letter by the Complainant was not is evidence of bad faith. However, the Panel found that use of the Domain Name with sponsored links to allergy nose sprays including the Complainant’s competitors was evidence of bad faith. 

You can read the decision here.