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.

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