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.

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