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.

#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.