The Complainant owned trade-mark registrations for TORO. The Registrant registered toro.ca on February 1, 2001.

The Registrant offered a service whereby a person whose family name was Toro could have an email address containing "toro.ca". The Registrant provided a list of domain names he had registered containing other surnames.

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.

The Panel noted that to support a finding of bad faith under subparagraph 3.7(c), the Registrant must have registered the domain name primarily for the purpose of disrupting the business of the Complainant who was a competitor of the Registrant. Quoting from the decision of Trans Union LLC v 1491070 Ontario Inc. (CIRA Dispute No. 00008), the Panel found that under the CDRP there is no room for a broad interpretation of "competitor" as simply being "one who acts in opposition to another" without any requirement that the transferee be a commercial business competitor of the Complainant or someone that sells competing products. For that reason, the Complainant did not satisfy the burden imposed upon it to prove bad faith registration.