Thursday, February 20, 2020

#419 - skyscannner.ca et. al - TRANSFER GRANTED

The Complainant is a leading online global travel search site specializing in offering comparisons for consumers of inexpensive flight prices, and owns the registered trademark SKYSCANNER in Canada since 2011.

The Registrant registered numerous 'typo-squatting' Domain Names infringing on the Complainant's trademark rights, and some of the sites direct users to links associated with the Complainant's competitors, while others were inactive.

The Panel found that the Domain Name was registered in bad faith, and agreed with the Complainant's submission that it would be a significant burden to have to continuously review the Registrants Domain Names and intervene when they *started* linking to third party competitors. This is another CDRP decision confirming that the passive use of a Domain Name satisfies paragraph 3.4(c) of the CDRP Policy. 

You can read the decision here.

#418 - sapenergy.ca - TRANSFER GRANTED

The Complainant owns the SAP trademark, registered for use in association with data media and materials for computer software, among other goods, registered in Canada nearly 20 years prior to the Domain Name registration in October, 2019.  The Complainant provided evidence relating to the use of the Domain Name in an attempt to defraud Shell Canada Limited by impersonating an employee of the Complainant, without permission.

The Panel found that the Domain Name was registered in bad faith, and noted that the forwarding of the Domain Name to the Complainant's legitimate website creates the false impression that an email originating from the Registrant's Domain is in some way associated with the Complainant, which may confuse vendors (despite not misleading Shell Canada, a sophisticated entity).

You can read the decision here.

Tuesday, February 11, 2020

#417 - vivendi.ca - TRANSFER GRANTED

The Complainant is a French mass media conglomerate headquartered in Paris, using the vivendi.com domain name since 1997, and the VIVENDI trademark was registered in Canada in 2000.  The Disputed Domain Name was registered in 2005, by Daniel Mullen, a known Registrant to numerous rights owners that were the subject matter of CDRP complaints.

The Registrant responded that the Complainant has no business in Canada, waited too long to bring the Complaint following registration of the Domain Name, and that the page was parked because Mr. Mullen's "business" was not immediately put to use, amongst other things. The Registrant also called into question the validity of the Complainant's mark, which is outside the scope of a CDRP dispute.

The Panel found that the Domain Name was registered in bad faith because of the Registrant's pattern of registering third party trademarks.

You can read the decision here.

Friday, February 7, 2020

#416 - propanedusuroit.ca - TRANSFER GRANTED

This summary is based on a Google Translation of the decision to English.  The Complainant uses the business name, Propane Du Suroit.  The Registrant did not respond.  The Domain Name is forwarding to a separate business, boutiquedufoyer.com.  The Panel found that the Domain Name was registered in bad faith because the website is taking away internet traffic from the Complainant's business.

You can read the decision here.

Thursday, February 6, 2020

#415 - cannador.ca - REFUSED

The Complainant is the owner of the CANNADOR trademark, registered *after* the Domain Name was registered.  The Complainant relied on common law use of its trademark, and submitted website printouts and details concerning its sale of goods on mycannador.ca.  However, the website was registered after the Disputed Domain Name, and the Panel held that it was not clear whether goods were sold by the Complainant in Canada prior to registration of the Domain Name. 

You can read the decision here.

#414- exxon.ca - TRANSFER GRANTED

The Complainant is the owner of the EXXON trademark, registered for use in Canada since 1976.  The Respondent is using the website as a pay-per-click site.

The Panel found that the Domain Name was registered in bad faith, because the Registrant had registered 60+ domain names using popular third-party trademarks.

You can read the decision here.

Wednesday, February 5, 2020

#413 - gmcdealer.ca - TRANSFER GRANTED

The Complainant owns the GMC trademark, used in Canada since 1912, and registered in November, 1957. The Domain Name was registered in March, 2019, and is used as a "survey website" requesting credit card information, and later as a pay-per-click website. The Registrant ignored the Complainant's cease and desist letter delivered through CIRA message delivery form.

The Panel found that the Domain Name was registered in bad faith, in part by registering at least 65 domain names corresponding to third party trademarks, and because the Registrant failed to respond to the cease and desist letter.

You can read the decision here.