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Lee Valley Tools Limited v. Pilfold Ventures Inc., Resolution Canada, CIRA Dispute No. 00040 - by Eric Macramalla

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Domain Name: leevalleytools.ca
OutCome: Transfer Granted
Response Filed: No
Panellist: David Lametti

The Complainant owned a registered mark for LEE VALLEY. The Registrant registered the disputed domain name on July 18, 2004.

The Registrant did not file a Response to the Complaint, and accordingly the Complainant elected as per Rule 6(5) of the CIRA Domain Name Dispute Resolution Rules to reduce the three member Panel to a single member Panel.

Under the CIRA Domain Name Dispute Resolution Policy ("CDRP"), a successful Complainant must establish that the disputed domain name is confusingly similar with a mark in which it had rights, that the name was registered in bad faith and that the Registrant does not have a legitimate interest in the domain name.

The Panel held that the domain name was confusing with the Complainant's mark.

With respect to bad faith registration, the Panel found based on the evidence adduced two of the three tests were applicable. The Complainant adduced evidence that the Registrant had engaged in a pattern of registering domain names in order to prevent persons from registering contrary to paragraph 3.7(b) of the CDRP. The Registrant had been the subject of two other dot-ca domain name disputes. Second, contrary to paragraph 3.7(c), the Registrant had in effect made himself a competitor of the Complainant by appropriating a domain name confusingly similar to that of the Complainant, and then pointing it to a customized Internet portal. The Panel concluded that the Registrant not only knew this diversion would be disruptive, but intended it to be so.

No legitimate interest was found on the part of the Registrant. For these reasons, the Complaint was successful and the domain name was ordered transferred.

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