Wednesday, December 8, 2021

#468 - - REFUSED

The Complainant is the owner of the highly popular ARDENE trademark. The Registrant owns thousands of domain names, including many that are registered trademarks in Canada. However, the Registrant argued that many of the domain names including trademarks are generic or descriptive and there is no evidence that the trademarks are "famous marks". Additionally, the Panel referred to emails between the Complainant and a marketing company affiliated with the Registrant allegedly authorizing the redirection of the Domain Name. 

The Panel refused to transfer the Domain Name, for the reasons noted above as it relates to bad faith, and found that ARDENE is a name used by many individuals for use in relation to email rental services (as it relates to the Registrant's alleged legitimate interest)

You can read the decision here.

Tuesday, December 7, 2021


 The Complainant owns the BUG-A-SALT trademark registered in Canada. The Complainant uses the mark in association with hand-operated bug killing sprayers that shoot salt. The Panel found that the Domain Name was registered in bad faith because the website purported to advertise and sell the Complainant’s products through an online shop at the website to which the Domain Name resolved immediately after registration for a short period of time. Of note: The Complainant argued that the Registrant had a pattern of wrongful conduct - ie - setting up websites and then disabling them shortly thereafter. 

A copy of the decision can be found here.