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

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