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The Toro Company v. Hannon, Resolution Canada, CIRA Dispute No. 00039 - by Eric Macramalla

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Domain Name: toro.ca
OutCome: Transfer Denied
Response Filed: Yes
Panellist: Hugues G. Richard, Denis Magnusson (Chair), Daria Strachan

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.

Since bad faith was not established, it was unnecessary for the Panel to consider legitimate interest. The Complaint failed and the domain name was not ordered transferred.

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