Panel Rules for Registrant of Generic .Ca Over Complainant Trade-Mark Holder

In the recent decision of Air Products Canada Ltd./Prodair Canada Ltee v. Index Quebec Inc., an arbitration panel held that the registration of descriptive domain names solely for the purposes of rental, is not considered bad faith registration. The Registrant's, Index Quebec Inc., business was based on the registration of generic domain names for rental purposes by companies with similar products. The Registrant had registered the domain name "airproducts.ca" for this purpose. The Complainant, Air Products Canada Ltd., was the owner of the trade-mark "AIR PRODUCTS" and sought the transfer of the domain "airproducts.ca" stating that the domain was confusingly similar to their trade-mark. The 3 member panel of Resolution Canada stated that, in order to succeed, the Complainant must have shown three things: 1) that the domain was confusingly similar to the Complainant's Marks; 2) that the Registrant registered the domain name in bad faith; and 3) that the Registrant had no legitimate interest in the domain name. The complaint was dismissed as the panel determined that there was no registration in bad faith. To be a bad faith registration, the domain name registration must have been consciously and specifically directed by the Registrant at the Complainant and its interests. The fact that the domain name was registered as part of a business plan to exploit descriptive domain names, and was made in ignorance of the Complainant's trade-mark was enough to prove that there was no bad faith registration. For a copy of the decision, visit: http://www.resolutioncanada.ca/en/decisions/AIR-030415-001009.pdf Summary by: Sue Diaz