Friday, December 27, 2019

#407 - enterpirse.ca - TRANSFER GRANTED

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.

#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.

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.