First CIRA domain name decision under new Policy

In a decision published by CIRA (PDF), a dispute panel of three members held that the domain name <> be transferred to the complainant. The panel was the first panel to consider the new Domain Name Dispute Resolution Policy that came into force in August.

The decision included a lengthy discussion of the bad faith requirement newly added to the Policy under 3.5(d):

(d) the Registrant has intentionally attempted to attract, for commercial gain, Internet users to the Registrant’s website or other on-line location, by creating a likelihood of confusion with the Complainant’s Mark as to the source, sponsorship, affiliation, or endorsement of the Registrant’s website or location or of a product or service on the Registrant’s website or location.

The Panel held that the registrant’s establishment of a website with the admitted purpose of a commercial venture without a persuasive reasoning for avoiding confusion amounted to bad faith under the Policy.