Tuesday, June 22, 2021

#457 - pyramydair.ca - TRANSFER GRANTED

The Complainant owns the PYRAMYD AIR trademark, registered for use in association with retail online services featuring air guns among other goods.  The Domain Name resolved to the canadashootingsupply.ca website, operated by a competitor. The parties exchanged correspondence in 2017, and the Registrant stated that the Domain Name "was purchased intentionally and is not for sale to help protect our business from future competition threat from large company like Pyramydair".

The Panel found that the Domain Name was registered in bad faith, in part because the parties are competitors and consumers seeking the Complainant's products may do their online shopping on the website, which would have the effect of disrupting the Complainant's business. 

You can read the decision here

Tuesday, June 8, 2021

#456 - esmod.ca - transfer granted

The Complainant owns the ESMOD trademark, and operates an international fashion school in France.  The Registrant did not respond to the Complaint.  

The Panel found that the Domain Name was registered in bad faith, and notes as follows: 1) there were three failed attempts to sell the Domain Name to the Complainant for amounts in excess of reasonable out-of-pocket expenses, and 2) The Registrant also registered the esmodcanada.com domain name that was the subject matter of a previous UDRP decision/bad faith finding.  In that decision, Brian Winterfeldt, as panelist, found that the Registrant was likely aware of the ESMOD mark, or knew or should have known the Domain was infringing. 

If you visit the esmodcanada.com site, it forwards visitors to the WIPO decision.  Nice touch by the Complainant. 

Note: this case summary was based on a rough translation of the decision (in French)

You can read the decision here.