The Complainant is the largest car rental company in Canada (1.2 billion dollars in sales in Canada, over 5,700 employees and over 100,000 vehicles through the ENTERPRISE, National and Alamo brands).
The Complainant alleges that on July 1, 2019, it became aware that the Domain Name was resolving to carrentals.com, an Expedia group company that compares rates from car rental prices. Enterprise contacted Expedia, who responded that the Domain Name may be owned by a marketing affiliate that has a pay-per-click arrangement to "drive traffic". No response was received when the Complainant messaged the Registrant through the CIRA delivery form. Additional, the Registrant owns 40 domains names, many are names of well known businesses incorporating typo-squatting.
The Panel was persuaded that the Domain Name was registered in bad faith in part due to the failure to respond to a cease and desist letter sent by counsel for the Complainants.
You can read the decision here.
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Friday, December 27, 2019
#406 - behaviour.ca - COMPLAINT DISMISSED
The Complainant is a video game producer and distributor, using the BEHAVIOUR trademark, registered in Canada in 2000. The Domain Name was registered in 2008. and has been redirecting users to north.ca as early as 2013. The Registrant asserts that it provides education-related services, as part of an initiated dating back to 1997. The Registrant further asserts that it has not yet developed a website, but maintains many additional domain names for use in the educational field, such as teacher.ca, socialskills.ca, schooling.ca (among others).
The Panel found that the Complainant has the burden to prove that the Domain Name was registered in bad faith, and although there were no details regarding the Registrant's allegations, the Domain Name is a noun forming part of the English language, has been held without misuse since 2008, and was therefore *not* registered in bad faith. The Panel further held that the Registrant has a legitimate interest in the Domain Name, since the Domain Name was not used as a trademark in connection with the goods/services listed in the trademark registration owned by the Complainant.
You can read the decision here.
The Panel found that the Complainant has the burden to prove that the Domain Name was registered in bad faith, and although there were no details regarding the Registrant's allegations, the Domain Name is a noun forming part of the English language, has been held without misuse since 2008, and was therefore *not* registered in bad faith. The Panel further held that the Registrant has a legitimate interest in the Domain Name, since the Domain Name was not used as a trademark in connection with the goods/services listed in the trademark registration owned by the Complainant.
You can read the decision here.
Wednesday, December 25, 2019
#405 - tdonlinelogineasyweb.ca - TRANSFER GRANTED
The Complainant, one of Canada's most popular banks, owns several registered trademarks including EASYWEB and TD. The Complainant
delivered a cease and desist letter to the Registrant, which was ignored. The
Panel found that the Domain Name was registered in bad faith because the
Registrant is a cyber squatter that has registered numerous other domain names
in bad faith, and the Registrant registered the second Domain Name that is the
subject matter of this proceeding after receiving a third cease and desist
letter from the Complainant.
You can read the decision here.
You can read the decision here.
Wednesday, November 27, 2019
#403 - parsonsconstruction.ca - COMPLAINT DISMISSED
The Complainant is a corporation using the PARSONS trademark in Canada and relies on its Canadian trademark applications (filed by Parsons Corporation in the US).
The Panel found that the Complainant failed to satisfy the Canadian presence requirements, since it is a Canadian licensee of the trademark owner. Since it is relying on common law trademark rights, the complaint would have failed in the absence of a registered trademark in any event (even if filed by the US corporation).
You can read the decision here.
The Panel found that the Complainant failed to satisfy the Canadian presence requirements, since it is a Canadian licensee of the trademark owner. Since it is relying on common law trademark rights, the complaint would have failed in the absence of a registered trademark in any event (even if filed by the US corporation).
You can read the decision here.
#404 - tdeasyweblogin.ca and tdonlinelogineasyweb.ca - DOMAINS TRANSFERRED
The Complainant is the second largest bank in Canada, and owner of the highly popular TD trademark, and it uses the registered trademark EASYWEB in association with its online banking.
The Complainant delivered cease and desist letters to the Registrant, who did not respond (other than registering the second infringing Domain Name that is the subject matter of this Complaint).
The Panel found that the Registrant engaged in a patter of cybersquatting, and the Domain Names redirect users to websites featuring links to third party websites, some of which reference competitors.
You can read the decision here.
The Complainant delivered cease and desist letters to the Registrant, who did not respond (other than registering the second infringing Domain Name that is the subject matter of this Complaint).
The Panel found that the Registrant engaged in a patter of cybersquatting, and the Domain Names redirect users to websites featuring links to third party websites, some of which reference competitors.
You can read the decision here.
Wednesday, November 13, 2019
#402 - slatervecchio.ca - TRANSFER GRANTED
The Complainant is a personal injury law firm operating in Vancouver, British Columbia. It asserted common law trademark rights in its name, Slater Vecchio. The Complainant initially alleged that the Registrant was a former client of the firm, and involved in a defamation suit between the parties (Heinz Kreutz). The Registrant was later identified as K Mullen.
The Panel dismissed the Complaint because of a lack of evidence evidencing rights in the Mark 'Slater Vecchio'. Interestingly, the Panelist referenced the criteria contained in the WIPO Overview relating to UDRP proceedings and cited a failure to provide duration and nature of use of the mark, sales documentation, advertising and degree of public recognition. The Panel did not accept the website printouts and conclusory statements confirming use of the mark for over twenty years.
You can read the decision here.
The Panel dismissed the Complaint because of a lack of evidence evidencing rights in the Mark 'Slater Vecchio'. Interestingly, the Panelist referenced the criteria contained in the WIPO Overview relating to UDRP proceedings and cited a failure to provide duration and nature of use of the mark, sales documentation, advertising and degree of public recognition. The Panel did not accept the website printouts and conclusory statements confirming use of the mark for over twenty years.
You can read the decision here.
Monday, October 21, 2019
acu.ca - TRANSFER GRANTED
The Complainant (Assiniboine Credit Union Limited) began using the ACU mark in Canada approximately 1 year prior to the registration of the Domain Name in 2002. The Registrant did not respond to the Complaint.
The Panel found that the Domain Name was registered in bad faith because the Registrant did not respond to any of the Complainant's requests, the Domain Name could have a negative public image impact/confusion about sponsorship, and the Registrant ignored the opportunity to submit a response to the proceeding.
You can read the decision here.
The Panel found that the Domain Name was registered in bad faith because the Registrant did not respond to any of the Complainant's requests, the Domain Name could have a negative public image impact/confusion about sponsorship, and the Registrant ignored the opportunity to submit a response to the proceeding.
You can read the decision here.
Thursday, October 10, 2019
#400 - vividseats.ca - TRANSFER GRANTED
The Complainant is the owner of the VIVID SEATS trademark, used in Canada prior to the Domain Name registration in 2009. The Respondent, known to the competitor because it was involved in fraudulent ticket sales through a vendors account created on the Complainant’s website, did not respond to the Complaint.
The Panel found that the Domain Name was registered in bad faith because the Domain Name was being used to redirect visitors to competing ticket selling websites, with no explanation as to how this could be accomplished in good faith.
You can read the decision here.
Wednesday, September 25, 2019
#399 - skecherscanadaoutlet.ca - TRANSFER GRANTED
The Complainant is the owner of the highly popular SKECHERS marks,
registered in Canada since as early as 1995 (use in Canada since 1992 in
association with footwear). The Panel
found that the Domain Name was registered in bad faith because the Registrant’s
“commercial” website was attempting to profit from an implication that the
Registrant was an authorized dealer of the Complainant’s, which is false.
You can read the decision here.
Tuesday, September 17, 2019
#398 - u-alberta.ca - TRANSFER GRANTED
The Complainant is the Governers of the University of Alberta, owner of the UALBERTA official mark and trademarks (advertised in 1997, and registered in 1999, respectively). The website was being used to display the Complainant's name and logo, but direct users tot he Registrant who has no affiliation with the Complainant. The Complainant provided evidence of an an individual who submitted an application to study at the University of Alberta, and even paid an "admission fee" to the Registrant thinking it was the Complainant.
The Panel found that the Domain Name was registered in bad faith based on the fraudulent actions being performed by the Registrant using the fame of the Complainant's marks to carry out its actions.
You can read the decision here.
The Panel found that the Domain Name was registered in bad faith based on the fraudulent actions being performed by the Registrant using the fame of the Complainant's marks to carry out its actions.
You can read the decision here.
Monday, September 16, 2019
#397 - bareminerals.ca - TRANSFER GRANTED
The Complainant owns the BAREMINERALS trademark,
registered in Canada prior to the Domain Name registration. The Domain Name is
inactive. The Domain Name appears to have been transferred to a new individual
after a cease and desist letter was delivered, and the Complaint was amended to
reflect the name of both individual registrants.
The Panel found that the Domain Name was registered in bad faith by the first named individual Registrant, who had a pattern of registering domain names with previously registered trademarks belonging to third parties. The Panel also found bad faith against the second individual because the "current" Registrant was acting in concert with the initial registrant of the Domain Name. Additionally, the timing of the transfer - two months after the delivery of a cease and desist letter and one month after CIRA notified the parties of the proceedings suggests an attempt to thwart the dispute resolution proceedings.
You can read the decision here.
The Panel found that the Domain Name was registered in bad faith by the first named individual Registrant, who had a pattern of registering domain names with previously registered trademarks belonging to third parties. The Panel also found bad faith against the second individual because the "current" Registrant was acting in concert with the initial registrant of the Domain Name. Additionally, the timing of the transfer - two months after the delivery of a cease and desist letter and one month after CIRA notified the parties of the proceedings suggests an attempt to thwart the dispute resolution proceedings.
You can read the decision here.
Thursday, August 29, 2019
alfakher.ca - TRANSFER GRANTED
The Complainant is a shisha tobacco producer, and owner of the registered trademark AL FAKHER (registered since March 12, 2010). The Registrant registered the Domain Name in July, 2011, and invites visitors to its showroom in Concord, Ontario.
The Panel found that the Registrant has no legitimate interest in the Domain Name, because it is creating the false impression that it is an official or authorized dealer. The Panel found that the Domain Name was registered in bad faith because the Registrant is a competitor of the Complainant, and it was obviously furthering its own interests using a known registered trademark, without permission.
You can read the decision here.
The Panel found that the Registrant has no legitimate interest in the Domain Name, because it is creating the false impression that it is an official or authorized dealer. The Panel found that the Domain Name was registered in bad faith because the Registrant is a competitor of the Complainant, and it was obviously furthering its own interests using a known registered trademark, without permission.
You can read the decision here.
Tuesday, May 28, 2019
#390 - homedepotprint.ca - TRANSFER GRANTED
The Complainant owns the family of HOME DEPOT trademarks, and is the world's largest home improvement specialty retailer. The Complainant entered Canada in 1994.
The Domain Name was being used by the Registrant to offer on-demand print services of others, including vistaprint.com, captainprint.com and autalcard.ca, and other times reverts to a web page listing the Domain Name for sale. Additionally, the Registrant owns over 1,500 Domain Names, many of which contain trademarks belonging to third parties.
The Panel concluded that the Registrant is taking advantage of the fame of the Complainant's trademarks, and the Complainant has no control over the use of the Domain Name, which interferes with its business, internet traffic, reputation and customer relations.
You can read the decision here.
The Domain Name was being used by the Registrant to offer on-demand print services of others, including vistaprint.com, captainprint.com and autalcard.ca, and other times reverts to a web page listing the Domain Name for sale. Additionally, the Registrant owns over 1,500 Domain Names, many of which contain trademarks belonging to third parties.
The Panel concluded that the Registrant is taking advantage of the fame of the Complainant's trademarks, and the Complainant has no control over the use of the Domain Name, which interferes with its business, internet traffic, reputation and customer relations.
You can read the decision here.
Thursday, May 2, 2019
#389 - gamereadycanada.ca - TRANSFER GRANTED
The Complainant is a manufacturer of medical equipment using the trademark GAME READY, registered in Canada in June, 2005. The Registrant is the former distributor of the Complainant's medical equipment.
From 2005 until April, 2016, the Registrant was the Complainant's distributor in Canada. The Distribution Agreement included a prohibition from using the Complainant's trademarks in a domain name, and requirement to cease using Complainant's trademarks upon termination. Despite Complainant's request for return of the Domain Name, the Registrant failed to do so, and instead re-directed the Domain Name to the Registrant wife's business.
The Registrant's position is that the initial registration was with Complainant's knowledge and with approval, and that the termination of the distribution agreement was in bad faith.
The Panel found that the Domain Name was registered in bad faith because the initial registration is not determinative of bad faith. Additionally, the Registrant "suggested" a price much higher than the registration costs, and sought to tie the transfer to an overall resolution.
Additionally, the Panel found that the Registrant's interest in the Domain is not "currently" legitimate.
You can read the decision here.
From 2005 until April, 2016, the Registrant was the Complainant's distributor in Canada. The Distribution Agreement included a prohibition from using the Complainant's trademarks in a domain name, and requirement to cease using Complainant's trademarks upon termination. Despite Complainant's request for return of the Domain Name, the Registrant failed to do so, and instead re-directed the Domain Name to the Registrant wife's business.
The Registrant's position is that the initial registration was with Complainant's knowledge and with approval, and that the termination of the distribution agreement was in bad faith.
The Panel found that the Domain Name was registered in bad faith because the initial registration is not determinative of bad faith. Additionally, the Registrant "suggested" a price much higher than the registration costs, and sought to tie the transfer to an overall resolution.
Additionally, the Panel found that the Registrant's interest in the Domain is not "currently" legitimate.
You can read the decision here.
#388 - gameready.ca - TRANSFER GRANTED
The Complainant is a manufacturer of medical equipment using the trademark GAME READY, registered in Canada in June, 2005. The Registrant is the husband of the former distributor of the Complainant's medical equipment.
From 2005 until April, 2016, the Registrant's wife was the Complainant's distributor in Canada. The Distribution Agreement included a prohibition from using the Complainant's trademarks in a domain name, and requirement to cease using Complainant's trademarks upon termination. Despite Complainant's request for return of the Domain Name, the Registrant failed to do so, and instead re-directed the Domain Name to the Registrant wife's business.
The Registrant's position is that the initial registration was with Complainant's knowledge and with approval, and that the termination of the distribution agreement was in bad faith.
The Panel found that the Domain Name was registered in bad faith because the initial registration is not determinative of bad faith. Additionally, the Registrant "suggested" a price much higher than the registration costs, and sought to tie the transfer to an overall resolution.
Additionally, the Panel found that the Registrant's interest in the Domain is not "currently" legitimate.
You can read the decision here.
From 2005 until April, 2016, the Registrant's wife was the Complainant's distributor in Canada. The Distribution Agreement included a prohibition from using the Complainant's trademarks in a domain name, and requirement to cease using Complainant's trademarks upon termination. Despite Complainant's request for return of the Domain Name, the Registrant failed to do so, and instead re-directed the Domain Name to the Registrant wife's business.
The Registrant's position is that the initial registration was with Complainant's knowledge and with approval, and that the termination of the distribution agreement was in bad faith.
The Panel found that the Domain Name was registered in bad faith because the initial registration is not determinative of bad faith. Additionally, the Registrant "suggested" a price much higher than the registration costs, and sought to tie the transfer to an overall resolution.
Additionally, the Panel found that the Registrant's interest in the Domain is not "currently" legitimate.
You can read the decision here.
Tuesday, April 30, 2019
#387 - schlage.ca and vonduprin.ca - TRANSFER GRANTED
The Complainant, Schlage Lock Company LLC, owns the SCHLAGE and VON DUPRIN trademarks, registered in Canada since 1943, and 1931, respectively in association with locks and latches. The Registrant, Door Hardware Depot Ltd., operates a pay-per-click site.
The Panel found bad faith and that the Registrant has engaged in a pattern of conduct - due in part to the two Domain Names that were registered, the fact that its business name holds itself out as a competitor of the Complainants, and it attempted to attract attention to the site for commercial gain.
You can read the decision here.
The Panel found bad faith and that the Registrant has engaged in a pattern of conduct - due in part to the two Domain Names that were registered, the fact that its business name holds itself out as a competitor of the Complainants, and it attempted to attract attention to the site for commercial gain.
You can read the decision here.
#386 - craftsman.ca - TRANSFER GRANTED
The Complainant, Stanley Black & Decker Inc., owner of the popular CRAFTSMAN trademark, registered for use in association with tools (over 6,000 products) and first used in Canada in 1927. The Registrant operates a pay-per-click site, and did not respond to the Complaint.
The Panel found that the Domain Name was registered in bad faith, because of the hundreds of Domain Names comprised of third-party trademarks registered by the Registrant.
You can read the decision here.
The Panel found that the Domain Name was registered in bad faith, because of the hundreds of Domain Names comprised of third-party trademarks registered by the Registrant.
You can read the decision here.
Tuesday, April 9, 2019
#384 - steinbachcreditunion.ca - TRANSFERRED
The Complainant, Steinbach Credit Union, is Manitoba's largest credit union, and has been using he common law trademark, Steinbach Credit Union Limited, since April 19, 1941.
The Registrant offered the Domain Name for sale ($12,999.00) and reached out directly to the Complainant through its website contact form in that regard. The Registrant acknowledged receipt of the Complaint, and was expecting to receive a response to its "offer" to purchase the Domain Name.
The Panel found that the Domain Name was registered in bad faith because the Registrant admitted that it has multiple domain names for sale, and made many attempts to sell the Domain Name to the Complainant.
You can read the decision here.
The Registrant offered the Domain Name for sale ($12,999.00) and reached out directly to the Complainant through its website contact form in that regard. The Registrant acknowledged receipt of the Complaint, and was expecting to receive a response to its "offer" to purchase the Domain Name.
The Panel found that the Domain Name was registered in bad faith because the Registrant admitted that it has multiple domain names for sale, and made many attempts to sell the Domain Name to the Complainant.
You can read the decision here.
Monday, April 8, 2019
#385 - ride509.ca - TRANSFER GRANTED
The Complainant, Teton Oufitters, LLC, began making short films and recordings using the 509 mark and variations thereof using the phrase "Ride 509", allegedly before March 14, 2013 (date the Domain Name was registered).
The Registrant alleges that he purchased the Complainant's merchandise, is a legitimate distributor, and purchased the Domain Name to sell its remaining inventory. It only offered to sell the Domain Name after it was contacted by the Complainant.
The Panel found that the Domain Name was not registered in bad faith, because it was entirely plausible that the Domain Name was registered in 2013 in an effort to facilitate the sale of the Registrant's legitimately purchased 509 merchandise. Additionally, the Panel found that the various brands on the Registrant's website, splashndirt.ca, are clearly identified, and the website is not in direct competition with the Complainant.
You can read the decision here.
The Registrant alleges that he purchased the Complainant's merchandise, is a legitimate distributor, and purchased the Domain Name to sell its remaining inventory. It only offered to sell the Domain Name after it was contacted by the Complainant.
The Panel found that the Domain Name was not registered in bad faith, because it was entirely plausible that the Domain Name was registered in 2013 in an effort to facilitate the sale of the Registrant's legitimately purchased 509 merchandise. Additionally, the Panel found that the various brands on the Registrant's website, splashndirt.ca, are clearly identified, and the website is not in direct competition with the Complainant.
You can read the decision here.
Monday, March 25, 2019
#383 - keystonevalves.ca - TRANSFER GRANTED
The Complainant owns the KEYSTONE trademark, registered in Canada in association with valves, since May 24, 1991. The Registrant did not respond to the Complaint.
The Registrant is a competitor of the Complainant’s, selling a variety of branded valves, including the Registrant’s house brand (and KEYSTONE, HOMESTEAD AND CASHCO brands).
The Panel found that the Domain Name was registered in bad faith, in part because the Registrant was attempting to pass itself off as the Complainant by including the text “KEYSTONE VALVES, a division of Valvelite Incorporated” on its homepage.
You can read the decision here.
Thursday, January 31, 2019
#382 - pensketruck.ca - COMPLAINT DISMISSED
The Complainant, Penske Truck Leasing Co., states that it’s
licensed to use the PENSKE family of trademarks, owned by its “affiliate
companies”. However, the Complaint was dismissed, because the trademarks are
owned by Penske System, Inc., and therefore the Complainant is not an eligible
complainant because it did not assert any other arguments as to eligibility.
You can read the decision here.
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.
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
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