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.
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