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Bellapierre Domain Name Dispute
In its decision in The Excite Group, Inc. v. Zucker International Marketing Inc., dated July 15, 2011, the Canadian Internet Registration Authority (“CIRA”) heard a dispute relating to the domain name registration of www.bellapierre.ca (the “Domain Name”).
The Complainant is a manufacturer and vendor of cosmetics under the BELLA PIERRE brand in Canada and elsewhere and is the owner of the trade-mark BELLA PIERRE which was registered in Canada on March 3, 2011. The Registrant, a former distributor of the Complainant’s products in Canada, registered the Domain Name on October 1, 2006, prior to the date on which the trade-mark was registered.
As the trade-mark was registered after the date on which the Domain Name was registered, the CIRA found that the complainant could not rely upon its registration to establish rights in the brand. The CIRA further found that the complainant failed to establish common law rights to the brand as the only evidence submitted to support the said rights was an affidavit swearing use of the brand before the date on which the Domain Name was registered.
The decision is in line with previous decisions of the CIRA finding that bare assertions of use “without details regarding the specific manner in which the trade-mark was used in association with wares, services or a business, is not sufficient, because it does not allow the panel to make a finding of fact that the trade-mark was ‘used’.”
For a copy of the decision, please visit:
http://www.cira.ca/assets/Documents/Legal/Dispute/2011/00166-bellapierre-ca.pdf