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.

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.