Wednesday, July 28, 2021

#461 - SKECHERSSHOESCANADAOUTLET.CA - TRANSFER GRANTED

The Complainant owns the SKECHERS trademark, registered in Canada for use in association with footwear, well in advance of the date of registration of the Domain Name. The Domain Name contained numerous false assertions, typos and other misstatements leading a consumer to believe that the web site is associated with Skechers.  We note that the Skechers goods on the website indicate discounts between 44% - 67%, and are likely counterfeit. 

The Panel found that the Domain Name was registered in bad faith because the content on the web site indicates it is "powered by Skechers Canada" and that the copyright belongs to "Skechers Canada".  

You can read the decision here

Friday, July 16, 2021

#459 - fpl.ca - REFUSED

 The Complainant protects forests with services such as fire management, pest management and aerial surveys.  It owns the FPL trademark in Canada. The Registrant purchased the three-letter domain name as an investment to re-sell, or use and develop the website.  The Registrant filed a declaration that it had never heard of the Registrant or the FPL trademark until it received the CDRP Complaint. 


However, the Complainant's trademark was registered three years after the Domain Name, and the Panel found that the Complainant failed to establish use of the Mark predating the Registration of the Domain Name. Further, the Panel found that there was no evidence of bad faith provided. 

You can read the decision here

#460 - fidelityglobal.ca - TRANSFER GRANTED

The Complainant is one of the largest and best know investment fund managers. The Domain Name is being used in a malicious phishing campaign - by sending emails to unsuspecting consumers attempting to obtain banking details and other personal information. Not surprisingly, the Panel found that the Domain Name was registered in bad faith.


You can read the decision here

Monday, July 5, 2021

#451 - termodeck.ca - TRANSFER GRANTED

The Complainant owns the TERMODECK trademark.  The Registrant was the Complainant's former licensee, but the agreement terminated after approximately 4 years.  The Registrant failed to respond to the CDRP - but its domain name transferred to its competing site - termobuild.com. 

The Panel found that the Domain Name was registered in bad faith because it is commercially impractical and misaligned with fundamental trademark principles to require parties entering license agreements to expressly address the disposition of a Domain Name following termination.  If a licensee's rights to use a trademark are terminated, it reasonably flows that the use of the domain name must cease and be transferred to the brand owner. 

You can read the decision here