VKR Holdings A/S v Skylight Concepts Ltd.

Leigh Walters and Sisi Jia
Published September 16th, 2014

CIRA Domain Name Dispute No. 262

This matter involves a request by the Complainant, VKR Holdings, for transfer of the domain name: “veluxcalgary.ca” registered by Skylight Concept Ltd. The Complainant is the holder of the trade-mark for VELUX, which it had used in Canada since 1982 and internationally since 1941.

The single member Panel found the Registrant’s domain name was confusingly similar to the Complainant’s trade-mark, the domain name had been registered in bad faith and the Registrant had no legitimate interest in the domain name. Transfer ordered.

Analysis

Confusingly Similar

The Complainant’s evidence established that it had used one or more VELUX trade-marks in commercials, advertising and selling of its wares and services in Canada prior to the date the domain name was registered.

Since the word VELUX is the same in both the domain name and the trade-mark, the Panel found the domain name confusingly similar to the Complainant’s mark.

Bad Faith

The evidence demonstrated that the Registrant used the domain name to sell wares belonging to both the Complainant and the Complainant’s competitors. The Registrant was selling the Complainant’s wares and the Registrant’s website depicted the Complainant’s word and design VELUX marks as well as a discussion of the Complainant’s products, yet the Registrant was not an authorized reseller or installer of the Complainant’s VELUX products.

The Panel found the Registrant’s use of the VELUX mark was clearly an attempt to profit from the implication that it was an authorized dealer or installer of the Complainant and that bad faith was therefore established.

No legitimate Interest

As the Registrant was not a legitimate business partner of the Complainant and was using the domain name for purposes that are in bad faith, the Panel concluded the Registrant has no legitimate interest in the domain name.

Having found in favour of the Complainant in all aspects of the applicably policy, transfer of the domain name was granted.

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