Tuesday, June 5, 2018

#369 - deltanine.ca - TRANSFER GRANTED

The Complainant is based in Winnipeg, Manitoba and obtained a production licence from Health Canada under the Marijuana for Medical Purposes Regulations in December 2013 (and a license to distribute medical cannabis was granted in March 2014).  It owns the family of unregistered trademarks DELTA 9, which were used in Canada since at least as early as December 2013.  The Registrant is a "competitor" of the Complainant operating an illegal marijuana dispensary (which has been robbed, raided by the Police and shut down several times).

The Panel found that the Domain Name was registered in bad faith because the services offered by the Registrant compete with the Complainant (albeit illegally so). Additionally, the Panel held that there is a real danger to the goodwill of the Complainant's business if internet users are diverted to an illegal business.

The Decision can be found here.

1 comment:

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