| Globe Media International Corporation v. Dawn Internet Telephony Systems Inc., British Columbia International Commercial Arbitration Centre, Case No. 00059 - by Eric Macramalla
Domain Name: forsale.ca
OutCome: Complaint Dismissed
Response Filed: No
John F. Lee (Chair),
Edward C. Chiasson,
Hugues G. Richard
The Complainant was the owner of the registered "www.for-sale.ca" trade-mark. The Registrant acquired the disputed domain name by transfer May 8, 2006. The domain name was originally approved October 20, 2000.
Under the CIRA Domain Name Dispute Resolution Policy ("Policy"), 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.
Although the Registrant did not file a Response to the Complaint, the Complainant did not elect to convert from a panel of three to a single arbitrator, as it was entitled under CIRA Domain Name Dispute Resolution Rules ("Rules"), Rule 6.5.
The panel concluded that the Complainant did not establish that the disputed domain name was confusingly similar to a Mark in which the Complainant had rights prior to the registration of the domain name. In particular, the panel held that the Complainant failed to show that it had rights to a trade-mark that was confusingly similar to the disputed domain name prior to October 20, 2000 as per paragraph 3.1 of the Policy.
In view of this finding, the panel did not consider whether the Registrant acquired the domain name in bad faith or whether the Registrant had a legitimate interest in the disputed domain name.
The panel ordered the complaint be dismissed.