UWATERLO.CA - transfer granted

 The Complainant owns several trademarks in Canada, including UWATERLOO. The Registrant has no affiliation with the University of Waterloo, nor permission to use the Complainant’s trademarks. 

The Panel found that the Domain Name was registered in bad faith, in part because the Registrant set up sub-domains similar to the The University of Waterloo’s sub-domains, and obtained SSL certificates purporting to indicate to visitors that the website is trustworthy and safe. 

You can read the decision here.

CMI.ca - COMPLAINT DISMISSED

The Complainant is Canadian Mortgages Inc., using the common law trademark CMI.  The Domain Name resolved to a pay-per-click website, and was available for sale through a third-party-vendor for $25,000.00USD. The Registrant is Mrs. Kalache, a 72 year old entrepreneur that identified a business opportunity under the name Canadian Math Institute, and purchased the Domain Name (and algebra.ca) on January 31, 2019.  Ms. Kalache obtained a quote for an estimate to develop her website - $305,000.00 and thereafter put her project on hold. The parties were not able to resolve the dispute, despite attempts to do so.  

The Panel was unable to make a finding of bad faith based on the facts given the difficulty of making determinations of truth in summary proceedings.  However, the Panel did not believe that the Registrant sought to unfairly profit from the Complainant's reputation because, in part, holding a domain name, even for resale, consisting of an acronym, can be bona fide and not per se illegitimate. 

You can read the decision here. 

#446 - neatfreak.ca - TRANSFER GRANTED

 The Complainant has been designing, manufacturing and distributing home organisation, storage and laundry products and for 12 years has been doing so under the tradename Neatfreak and the trademark NEATFREAK since December, 2008. The Registrant's website is offering for sale the exact kinds of organization and closet products as the Complainant. 

The Panel found that the Domain Name was registered in bad faith because it never had a license to use the mark, it kept its identifying information private with the Registrar, and other than a chat-feature that did not work, there was no ability to contact the Registrant.  

You can read the decision here.