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.

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