Tuesday, October 2, 2018

#371 - rxbar.ca - TRANSFER GRANTED

The Complainant owns the popular RXBAR registered for use in Canada in association with protein bars and other goods.  The Complainant uses the rxbar.com website. The Complainant established rights in the mark (registered February 10, 2016) and well prior to the June 1, 2017 registration date of the Domain Name.

The Panel found that the Domain Name was registered in bad faith because it was offered for sale to the Complainant in the amount of $50,000.00 USD.  The Respondent attempted to argue that the offer was an "I don't want to sell price", but the Panel found that this was an offer in excess of the Registrant's costs.

Despite attempting to argue that the Registrant was creating a gathering place to create a "RelaxBar", or "social bar business", the Panel found that it did not have a legitimate interest in the Domain Name because it provided no evidence of any action to establish its business.

You can read the decision here.

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