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CIRA Panel Denies Request to Transfer Domain Name
A 3-member panel of the Canadian Internet Registration Authority (CIRA) has dismissed a complaint from JUMO GmbH & Co KG (Jumo) requesting the transfer of the domain name www.jumo.ca from the registrant Enercorp Instruments Ltd. to Jumo. Although Jumo was the registered owner of the JUMO trademark in Canada, Jumo was unable to establish that Enercorp’s registration of the domain name was made in bad faith, as required by the CIRA Domain Name Dispute Resolution Policy (CDRP).
Enercorp had been a distributor of Jumo’s products during the period 1979-2001, but the CIRA panel found that there was no evidence as to which party controlled the character and quality of the products and services provided in Canada during that period. Enercorp claimed that it had established the reputation for Jumo products in North America at its own expense through advertising and servicing warranty claims.
The CIRA panel noted that where a manufacturer does not exercise the necessary control over the character and quality of the use of its trademark by a distributor, the distributor may acquire rights to the trademark. Because the parties’ evidence was inconsistent on this issue, the CIRA panel was unable to find on a balance of probabilities that the domain name had been registered by Enercorp in bad faith. The decision highlights the need for trademark owners to properly control the use of their marks when entering into distributorship agreements.
For a copy of the decision, visit: