Monday, August 31, 2020

#441 - skecherscanadashoes.ca - TRANSFER GRANTED

 The Complainant owns the  SKECHERS family of marks, registered for use in association with footwear, among other goods. The website is being used to offer goods bearing the SKECHERS trademarks. 

The Panel found that the Domain Name was registered in bad faith, in part because the Registrant has no relationship with the Complainant. 

You can read the decision here

Friday, August 21, 2020

#440 - trucksuite.ca - COMPLAINT DISMISSED

 The Complainant Trucksuite LLC, began providing truck warranty services in Canada in the spring of 2019 (common law trademark rights).  It uses the domain name trucksuite.com.  The Registrant carries on busienss as Donofrio Auto Group, and refers to its truck warranty business as "My Trucks Advisor".  The Domain Name was registered in April 2019.  The Registrant also registered the Trucksuite Canada business name, and the parties entered into discussions regarding expanding the Complainant's Trucksuite business into Canada. Talks broke down between the parties in February 2020.  Interestingly, the Panel notes that Trucksuite Canada Ltd. is a federal corporation, and both the Complainant's representative and the Registrant are listed as directors. 

The Panel found that the Complainant did not have rights in the common law trademark/trade name rights prior to April 2019.  Although the Panel did not provide a decision based on bad faith, the Panel notes that the merits of the business dispute between the parties is beyond the scope of the Complaint. 

You can read the decision here.


Thursday, August 20, 2020

#439a (440) - davidyurman.ca - TRANSFER GRANTED

The Complainant owns the DAVID YURMAN trademark, registered for use in association with jewelry and watches, amongst other goods.  The Registrant did  not respond, and the Domain Name links to a pay-per-click website.

The Panel found that the Domain Name was registered in bad faith, because the Registrant offered to sell the Domain Name in exchange for $5500 USD, and the Registrant currently holds numerous domain names corresponding directly to third-party trademarks. 

You can read the decision here

Wednesday, August 19, 2020

#439 - dyedurham.ca - TRANSFER GRANTED

The Complainant has been using the DYE & DURHAM trademark in Canada since 1911. Its software is used by many top law firms in Canada. The Registrant did not respond. 

The Domain Name is linking you a website containing products and services including legal software.  The ‘contact us’ portion of the website went unanswered. The Panel found the Domain Name was registered in bad faith because of the Registrant’s misappropriation of the long-standing trademark, meant to intentionally disrupt the Complainant’s business. 

You can read the decision here.

Tuesday, August 18, 2020

#438 - purellhandsanitizer.ca - TRANSFER GRANTED

The Complainant owns the PURELL trademarks in Canada, the long-recognized manufacturer or hand-hygiene and skin care products. The Complainant alleges the Registrant is a direct competitor. 

The Panel found that the Domain Name was registered in bad faith, because the Domain Name was redirecting to zapagem.shop, which sells competing hand sanitizer products. 

You can read the decision here

#437 - birkenstock.ca - TRANSFER GRANTED

The Complainant owns the highly popular BIRKENSTOCK trademark registered for use in association with footwear.  The Registrant did not file a formal response.  

The Panel found that the Domain Name was registered in bad faith because the products sold on the website clearly show Birkenstock branded products sold for commercial gain through Amazon by a competitor of the Complainant. 

You can read the decision here

Friday, August 14, 2020

#436 - brooksshoes.ca - TRANSFER GRANTED

The Complainant owns the BROOKS family of trademarks, registered for use in association with footwear amongst other goods. The Registrant did not respond. The Registrant’s website links to a website selling goods bearing the BROOKS trademarks, without the Complainant’s permission. 

The Panel found that the Domain Name was registered in bad faith because the website was clearly set up to divert payments away from the Complainant and using the Complainant’s marks without permission.  

You can read the decision here. 

Thursday, August 13, 2020

#435 - jellybellys.ca - TRANSFER GRANTED

The Complainant manufactures and distributes jelly beans using the highly popular JELLY BELLY trademark.  The Registrant's email address ends in suckerscandyco.com, and the Domain is forwarding to the suckerscandyco.com website (which offers for sale candy, including the Complainant's JELLY BELLY candy).  The Registrant wrote an email advising that he has been offered as much as "$30,000.00 - $50,000.00 for .com and .ca Domain Names, but ignored a cease and desist letter later delivered to him by the Complainant. 

The Panel found that the Domain Name was registered in bad faith due to the addition of the 's' to the Complainant's trademark, which could not have been a coincidence. Further, the Panel found this was a deliberate attempt to trade off the Complainant's notoriety for commercial gain. 

You can read the decision here

#434 - facebookshop.ca - TRANSFER GRANTED

Facebook Inc. is a little-known social network with over 2.4 billion monthly active users worldwide.  It is the 3rd most viewed website in Canada.  The website previously pointed to an undeveloped page with a picture of a baby and eyes of a woman, and very bizarre text about love and death. 

The Panel found that the Domain Name was registered in bad faith because the added element of "shop" suggests a commercial purpose at the time of the registration, and clearly used FACEBOOK to generate clicks.

You can read the decision here

#433 - iceriversprings.ca - TRANSFER GRNTED

The Complainant owns the ICE RIVER SPRINGS trademark, and former owner of the .ca domain name when it inadvertently allowed the Domain Name to expire. The Domain Name is being used as a website to include information about the Complainant, and information about unrelated cannabis companies and casinos in Canada.  The Registrant did not respond.  

The Panel found that the Domain Name was registered in bad faith because it is attempting to impersonate the Complainant, for a commercial benefit. 

You can read the decision here

Wednesday, August 5, 2020

#432 - katespadeoutlet.ca - TRANSFER GRANTED

The Complainant is the owner of the highly popular KATE SPADE trademarks registered for use in association with a variety of luxury fashion goods. 

The Panel found that the Domain Name was registered in bad faith in part because the Registrant's website was commercial in nature (evidence included in the Complaint indicated the goods offered for sale were counterfeit). 

You can read the decision here

Tuesday, August 4, 2020

#431 - dressbarn.ca - TRANSFER GRANTED

The Complainant is the owner of the DRESS BARN trademark, registered in Canada in March, 2008.  The Registrant registered the Domain Name in 2013, sometime after the Domain lapsed in August of that year.

The Panel found that the Domain Name was registered in bad faith, because the Registrant registered the Domain Name after the Complainant failed to renew it (and even though the Domain Name does not resolve to an active website).

You can read the decision here