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.

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