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.
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