00138 - CIRA

was clearly descriptive in Canada in the English or French language of:
(i) the character or quality of the wares, services or business; (ii) the
conditions of, or the persons employed in, production of the wares,
performance of the services or operation of the business; or (iii) the place
of origin of the wares, services or business;
(c)
(d)
(e)
(f)
the Registrant used the domain name in Canada in good faith in
association with any wares, services or business and the domain name
was understood in Canada to be the generic name thereof in any
language;
the Registrant used the domain name in Canada in good faith in
association with a non-commercial activity including, without limitation,
criticism, review or news reporting;
the domain name comprised the legal name of the Registrant or was a
name, surname or other reference by which the Registrant was commonly
identified; or
the domain name was the geographical name of the location of the
Registrant’s non-commercial activity or place of business.
21. The Complainant has made the following submissions with respect to the issue of
the Registrant’s legitimate interest:
• The domain name was not a mark that the Registrant used in good faith. The
Registrant had no rights whatsoever to the mark; and
• The Registrant did not use the domain name in Canada in good faith in
association with any wares, services, or business; and
• The Registrant did not use the domain name in Canada in good faith in
association with any wares, services, or business and the domain name was
not understood in Canada to be the generic name thereof in any language; and
• The Registrant did not use the domain name in Canada in good faith in
association with a non-commercial activity; and
• The domain name did not comprise the legal name of the Registrant or was a
name, surname or other reference by which the Registrant was commonly
identified;
• The domain name was not the geographical name of the location of the
Registrant’s non-commercial activity or place of business; and
• The Registrant has no other legitimate interest in the domain name
22. It is certainly the case the providing “some evidence” of a lack of legitimate
interest in a case where there is no response by the Registrant may be a challenge. In the
past, panelists have accepted evidence of bad faith use of a mark as meeting the threshold
for establishing that a registrant had no legitimate interest because Para. 3.6 of the Policy
requires any uses by a registrant to be in good faith. In Great Pacific Industries, Inc. v.
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