#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. 

#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. 

#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. 

#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.