Tuesday, January 21, 2020

#411 - Job-Newegg.ca - TRANSFER GRANTED

The Complainant owns the NEWEGG trademark registered for use in association with online retail store services relating to computer and computer-related equipment. The Complainant alleges that the Registrant registered the Domain Name for use as part of a "job phishing scam".

The Panel found that the Domain Name was clearly registered in bad faith based on 1) the web site featured the Complainant's logo, a Career Opportunities section and provided the ability to draft an application, and 2) the additional evidence provided by the Complainant including LinkedIN advertisements, fraudulent contracts and emails requesting sensitive personal financial information from applicants/victims.

You can read the decision here.

Friday, January 10, 2020

#410 - disneystore.ca, disneycruises.ca, disneytravelagent.ca - TRANSFER GRANTED

The Complainant is the worldwide leader of children's entertainment goods and services, and owner of the DISNEY family of trademarks, registered in Canada as early as 1987. The Respondent's Domain Names forward to a variety of random websites other than disneystore.ca, which redirects to the Complainant's site.  The Respondent did not respond to the Complaint.

The Panel found that the Domain Names were registered in bad faith since the Complainant's activities are well known, and this provides a suggestion of an improper motive in obtaining the registrations - including producing revenue through advertising and kickbacks from sites to which traffic is forwarded.   

You can read the decision here.

Tuesday, January 7, 2020

#409 - sunrisehatchery.ca - COMPLAINT DISMISSED

The Complainant and the Registrant are competitors in the chicken/poultry industry. There are several factual disputes in evidence, including whether there was an agreement concerning the Registrant’s use of the Sunrise Hatchery name/mark in Alberta. Additionally, the Registrant argued that it was previously represented by Complainant’s counsel, and received invoices in the Sunrise Hatchery business name.

The Panel refused to find that the Domain Name was registered in bad faith, or that the Registrant had no legitimate interest in the Domain Name. The evidence in the record established that the Registrant had used the Domain Name and the business name Sunrise Hatcheries Inc. before the Complainant registered its trademark in Canada.  Additionally, the Panel rejected the Complainant’s argument that there could be confusion in the marketplace through use of the Domain Name.

The Panel refused to award costs to the Registrant based on the non-disclosure of certain information relating to the dispute between the parties in the initial Complaint.

You can read the decision here.

Thursday, January 2, 2020

#408 - tivo.ca - TRANSFER GRANTED

The Complainant owns the TIVO mark (registered in association with streaming services), which matured to registration after the registration of the Domain Name.  The Complainant argued it has common law rights in and to the Mark, and the delay as it relates an unrelated Opposition proceeding (after the mark was approved by CIPO) should not preclude it from arguing it has rights in the Mark.

The Registrant forwarded the Domain Name to a pay-per-click site.  The Panel found that the Registrant (a well-known "serial cyber squatter") was using the Domain Name to forward to unrelated links, which still competes for internet traffic.

You can read the decision here.