Friday, November 18, 2022

#485 isic.ca - TRANSFER GRANTED

The Complainant is a federal not-for-profit corporation and operator of the International Student Identity Card (ISIC) program, and owner of the ISIC trademark in Canada. The Registrant’s sole Director is Daniel Mullen, am individual that has participated in numerous domain name disputes over the years. The Registrant operates a pay-per-click website.  The parties attempted to negotiate for the transfer of the Domain Name, but Mr. Mullen suggested that the Complainant commence a CDRP.

 

In addition to leading website visitors to a pay-per-click website, The Panel found that the Domain Name was filed in bad faith because the Registrant owns numerous domain names that closely correspond to registered trademarks, and previous panels have held that the Registrant has a pattern of registering domain names in bad faith.  


You  can read the decision here

#486- equiax.ca - TRANSFER GRANTED

The Complainant is a leading global provider of information solutions and human resources business process outsourcing services using the EQUIFAX trademark dating back to 1899 (through one of its predecessors).  The Registrant is using the Domain Name to redirect users to a variety of websites including ones associated with common malware scams.


The Panel found that the Domain Name was registered in bad faith because the Registrant failed to provide accurate Registrant details.


You  can read the decision here

Thursday, November 17, 2022

#484 - sedationadentalgroup.ca - TRANSFER GRANTED

The Complainant operates a dental practice using the trade name Sedation Dental Group.  The Registrant was employed by the Complainant and registered the Domain Name on May 24, 2021.  However, approximately one year later, her employment was terminated and despite several requests, the Registrant did not effect transfer of the Domain Name to the Complainant's control.  


The Panel found that the Domain Name was filed in bad faith, because of the duty to transfer the Domain Name upon cessation of employment.

You can read the decision here

Tuesday, November 8, 2022

#482 - sexpositive.ca - TRANSFER GRANTED

The Complainant's SEXPOSITIVE progressive shop opened in 2018 in Parksville, British Columbia.  It has amassed over 1,300 customers.  The Registrant is an owner/operator of another local sex shop in the same area. The parties are known to each other and have a 'strained' relationship.  The Registrant intends to direct users to a "sexpositive" blog and hopes to launch in the coming weeks.  The Registrant states that "sexpositive" is simply a noun and the Complainant does not have any trademark rights "per se".  The Panel noted that the term *is* capable of acquiring trademark rights and there was no evidence supporting the the meaning of the term or its use understanding by consumers.

The Panel found that the Domain Name was registered in bad faith because the Registrant likely knew of the Complainant's shop and use of the term SEXPOSITIVE when it registered the Domain Name.  Further, the evidence included allegations of "malicious actions" by the Complainant - for example, unwelcomed visits to the store and attending to poach the Registrant's employees - evidence that the Registrant acquired the Domain Name with a primary objective of harming its competitor. 

You can read the decision here

Monday, November 7, 2022

#483 - jackpotcitygaming.ca - TRANSFER GRANTED

The Complainant owns the JACKPOT CITY trademark registered in Canada in June, 2002 with use at least as early as July 1998 and operates "casino style games". The Complainant has generated revenue over 3420,000,000.00 including to IP addresses located in Canada.  The Registrant offers information and services competing with the Complainant, and did not respond to the Complaint.

The Panel held that the Domain Name was registered in bad faith because of the intention to attract commercial gain traffic to its website.  

The decision can be read here


Thursday, October 20, 2022

#481 - ibmgroup.ca - TRANSFER GRANTED

The Complainant has been operating in Canada since 1917 and owns numerous registered IBM-formative trademarks. The Registrant did not respond to the Complaint.  The Panel found that the Domain Name was registered in bad faith because it used fake registration details, including those belonging to the Complainant. The Panel found that the Domain may have been registered in an effort to advance a phishing campaign. 

You can read the decision here.

Wednesday, October 19, 2022

#480 - bollore.ca. TRANSFER GRANTED

The Complainant owns a design trademark in Canada using BOLLORE. The Registrant is using the Domain Name as a parking page, and did not respond to the Complaint. The Panel found that the Domain Name was registered in bad faith and although it would have preferred evidence establishing use of its trademark in Canada, it held that the Registrant failed to respond with any defence attempting to establish that it was a surname registration (for example). The Panel further concluded that “DIESEL PRO” was likely associated with transportation and the Domain Name was likely registered to  prevent the Complainant from registering the Domain Name. 


You can read the decision here.

Wednesday, October 12, 2022

#479 - ycd.ca - TRANSFER GRANTED

 The Complainant operates the Nanaimo Airport, using the IATA code YCD.  The Registrant acquired the Domain Name at auction, but allegedly offered to sell it to the Complainant for no less than $10,000.00, and allegedly had not yet executed the business "Your Custom Designs/Decals".  The Registrant never heard of the IATA code YCD, and never intended to sell the Domain to the Complainant.


The Panel held that the Registrant had no legitimate interest in the Domain Name by investing in the Domain/ using it for a "personal venture". Many 3-letter acronym trademarks exist, and the Registrant's evidence was weak. 


The Panel held that the Domain Name was registered in bad faith, because the evidence showed that the website carried depictions of an airliner taking off, and included the words Arrivals and Departures.   


You can read the decision here

Tuesday, September 13, 2022

#478 - mscanada.ca - TRANSFER GRANTED

The Complainant owns the MS Canada trademark.  The Registrant is using the website as a parked website, and offered to sell the Domain Name to the Complainant for an amount that must exceed $20,000.00.

The Panel found that the Domain Name was registered in bad faith because the Registrant failed to provide any evidence that it was intending to use the Domain Name for a business "Merchant Services of Canada", and made a large financial demand offering to sell the Domain Name.

You can read the decision here.

Monday, September 12, 2022

#477 - fonusmobile.ca - TRANSFER GRANTED

 The Complainant owns the FONUS trademark, and is a mobile virtual network operator with over 10,000 active customers in Canada.  The Complainant alleges that the Registrant's website has reproduced its website content, including its code, graphics, text, look and feel. The Registrant alleges that the Complainant is not a Canadian entity, owns no registered trademark, and cannot provide telecommunications services in Canada because it is not registered with the CRTC.  


The Panel found that the Domain Name was registered in bad faith because the Registrant registered a corresponding business name, Fonusmobile Incorporated and filed a FONUSMOBILE trademark application, and registered the Domain Name primarily for the purpose of disrupting the Complainant's business.  The Panel further found that copying elements of the Complainant's website even after protest intentionally attempting to attract for commercial gain users to the website by creating a likelihood of confusion constitutes evidence of bad faith.  


You can read the decision here

Monday, July 18, 2022

#476 - swim4life.ca - COMPLAINT DISMISSED

 The Complainant is a well-known charitable organization that works to prevent drowning and water-related injuries through its training programs in Canada.  It owns the SWIM FOR LIFE registered trademark in Canada (prior to the Registrant's registration of the Domain Name).  In 2012, the Registrant developed a swimming program to teach children how to swim (in Quebec), and registered and has been using the Domain Name along with NAGER POUR LA VIE AVEV KARINA RENAUD (or SWIM FOR LIFE WITH KARINA RENAUD in English).  

The Panel found that the Registrant registered the Domain Name in good faith, and also registered nagerpourlavie.ca (and the .com) at the same time, she incorporated her business, and she used SWIM FOR LIFE between 2012 - 2020 without misleading visitors of her website. 

You can read the decision here

Monday, May 9, 2022

#475 - dalkia.ca - TRANSFER GRANTED

The Complainant is in the business of real estate management, construction, repair, insurance, and finance and owns the DALKIA registered trademark.  The Registrant did not respond to the Complaint. 

The Panel found that while there was no evidence of actual phishing or misuse, bad faith was inferred because of the existence of an MX record for the disputed domain name (in light of the uniqueness and lack of third-party use of the DALKIA trademark).  

You can read the decision here

Tuesday, April 26, 2022

#474 - mailchimp.ca - TRANSFER GRANTED

The Complainant owns the MAILCHIMP trademark, which was in use in Canada prior to the registration of the Domain Name. The Registrant did not respond to the Complaint. 

The Panel found that the Domain Name was registered in bad faith because there was a pattern of abusive registrations. Further, the Registrant is using the web site to resolve to a coupon website he founded, clearly attempting to increase website traffic to advance his business interests. 

You can read the decision here.

Monday, April 25, 2022

#473 - equfax.ca; eqifax.ca; and quifax.ca - transfer granted

The Complainant owns the EQUIFAX trademark registered for use in association with credit reporting services. The Registrant did not respond. 

The Domain Names were used by web sites advertising services of the Complainant's competitors.  The Panel found that the clear "typosquatting" domain names were registered in bad faith. 

You can read the decision here.


Friday, April 22, 2022

#472 - smsequipment.ca - TRANSFER GRANTED

 The Complainant markets, sells and services a broad range of heavy-duty equipment serving the forestry, mining, light construction, and roadbuilding industries under the name SMS EQUIPMENT (registered trademarks in Canada in July, 2015). 


The Complainant submitted that the Registrant was a partner of the Complainant's direct competitors.  In a supplemental submission, the Complainant submitted evidence that the Domain Name was used in an attempted fraud.   


The Panel found that the Domain Name was registered in bad faith - because the intention at the time of the registration of the Domain Name was to create a likelihood of confusion with the Complainant's SMS EQUIPMENT marks (as to source).  

You can read the decision here

Tuesday, April 5, 2022

#471 - Lamborghini.ca - TRANSFER GRANTED

The Complainant is the owner of the highly popular LAMBORGHINI trademark registered for use in association with luxury sports cars. The Registrant did not respond to the Complaint. 

The Panel found that the Domain Name was registered in bad faith because it was being used as a pay-per-click site and was listed as being for sale in the amount of $28,000.00. 

You can read the decision here.

Friday, March 4, 2022

#470 - waycon.ca - TRANSFER GRANTED

The Complainant owns the WAYCON trademark, used in association with metal fabrication and industrial equipment manufacturing.  The Domain Name was not active. 

The Panel found that the Domain Name was filed in bad faith, including because the Registrant did not provide accurate information in its registration of the Domain Name. 

You can read the decision here.  

Thursday, January 13, 2022

#469 - unibet.ca - TRANSFER GRANTED

 The Complainant is one of the largest online gambling companies in the world and owner of the UNIBET trademark registered in Canada in 2003. The Registrant did not respond to the Complaint.

Although not a typical squatter that activity solicits the legitimate rights owner, the Panel found that the Domain Name was registered in bad faith because the landing page included a general offer to sell the Domain Name for a sale price of $2,000.00USD. 

You can read the decision here