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.

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.