Tuesday, April 6, 2021

#454 - cheesecakefactory.ca - TRANSFER GRANTED

The Complainant owns THE CHEESECAKE FACTORY trademark, registered in Canada since 1998.  The Registrant did not register his Domain Name until 2019.  The Domain was forwarding to thecheesecakeguy.ca.  The Registrant alleges that he makes cheesecakes through his small business which he intended to call THE CHEESECAKE GUY, but never advertised or built the Domain Name. 

The Panel agreed with the Complainant that the Domain Name was registered in bad faith, because a Registrant cannot use a registered trademark as an engine for attracting internet users to its website with the result of creating a likelihood of confusion.  

You can read the decision here