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Mead Johnson & Company v. Turvill Consultants, British Columbia International Commercial Arbitration Centre, Case No. 00063 - by Eric Macramalla

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Domain Name: buspar.ca
OutCome: Transfer Granted
Response Filed: No
Panellist: Hon. Roger P. Kerans

The Complainant was the owner of the registered BUSPAR trade-mark. The trade-mark was used in association with prescription-based medicine. The Registrant registered the domain name buspar.ca which automatically redirected internet users to an internet pharmacy webpage where the visitor was invited to purchase the Complainant's products as well as its competitors' products.

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.

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.

On the issue of confusion, the Panel held that the Complainant had rights in the BUSPAR trade-mark by virtue of being the owner of the corresponding Canadian trade-mark registration. Accordingly, the Panel concluded that the buspar.ca domain name was confusingly similar with the BUSPAR trade-mark as per the Policy.

The Panel also held that the domain name had been registered in bad faith. In particular, the Panel found that the domain name was registered solely to attract persons who search the net for the makers of BUSPAR and divert them to the websites of competitors.

Finally, the Panel held that the Registrant did not have any legitimate interest in the domain name as per paragraph 3.6 of the Policy

The Panel ordered the domain name buspar.ca transferred to the Complainant as per paragraph 4.3 of the Policy.

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