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Canadian Internet Registration Authority Domain Name Dispute Resolution Brar Natural Flour Milling Inc. Decision
The Canadian Internet Registration Authority (CIRA) has ruled in favour of Brar Natural Flour Milling Inc. in its complaint regarding a “bad faith” registration. The complaint concerned three domain names that were registered by someone other than the complainant (but in the name of the complainant). That registrant submitted no response to this complaint.
The CIRA panel found in favour of the complainant, on the basis that: (i) the disputed domain names are confusingly similar with the complainant’s trademarks (which had been used for many years); (ii) the registrant engaged in a pattern of registering domain names to prevent the complainant from registering the domain names in question; (iii) the complainant did not authorize the registration of the disputed domain names; and (iv) the registrant did not establish a legitimate interest in the domain names chosen. The CIRA panel ordered the domain names be transferred from the registrant to the complainant. Notably, the CIRA decision alludes to the fact that the domain name registrar’s privacy service facilitated these bad faith registrations by assisting the registrant in concealing his or her identity.
For additional information, please visit:
http://www.cira.ca/assets/Documents/Legal/Dispute/2011/00171-brarflour-ca.pdf