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.
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