Friday, January 11, 2019

#381 - crescentpointenergy.ca - TRANSFER GRANTED

The Complainant is one of Canada's largest light and medium oil producers in Alberta, and has used its CRESCENT POINT family of trademarks since 2002.  The Registrant allegedly injured himself in the past while working for a third party contractor on one of the Complainant's well sites.  The Domain Name (including a .co domain which was later transferred to the Complainant) was registered by the Registrant, likely to express his grievances to the Complainant. Additionally, the Registrant registered several domain names belonging to public Canadian oil and gas companies, including suncor.com, tervita.com and encana.com.

The Registrant did not respond to the Complaint, and the Panel found that the Domain Name was registered in bad faith, in part, because the Panel accepted the Complainant's allegation that the Registrant admitted he registered the Domain Name following the alleged injury he suffered (expressed during a telephone call to the Complainant).

You can read the decision here.

Tuesday, January 8, 2019

#380 - livejasmin.ca - TRANSFER GRANTED

The Complainant owns the LIVEJASMIN trademark, registered in Canada for use in association with online adult entertainment services. Additionally, the Complainant  has extensively used its trademark for several years, and its website has over ten million visitors per day.  The Registrant responded to the Complaint, and alleges that the Complainant has known about the website for years, and following a verbal agreement twelve years ago, has shared profits from the website. 

The Panel found that the Domain Name was registered in bad faith.  Although the Registrant subscribed to the Complainant's affiliate program, it breached the terms by using the Complainant's mark without permission, and the Registrant is now using the website by openly promoting erroneous information, with user comments posted.

You can read the decision here.