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Black v Molson NAF Decision

Black v Molson NAF Decision - Molson Canada v Case No...

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START-UP TRADEMARK OPPOSITION POLICY DECISION Molson Canada v. %2d%2d Claim Number: FA0204000112451 PARTIES Complainant is Molson Canada , Toronto, Canada (“Complainant”) represented by Barry Hutsel, of Macera & Jarzyna LLP . Respondent is %2d%2d , Ontario, Canada (“Respondent”). REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <canadian.biz> , registered with Blueberry Hill Communications, Inc. PANEL The undersigned, Robert R. Merhige, Jr. is the designated Panelist and hereby certifies that he has acted independently and impartially and to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding. PROCEDURAL HISTORY Complainant has standing to file a Start-up Trademark Opposition Policy (“STOP”) Complaint, as it timely filed the required Intellectual Property (IP) Claim Form with the Registry Operator, NeuLevel. As an IP Claimant, Complainant timely noted its intent to file a STOP Complaint against Respondent with the Registry Operator, NeuLevel and with the National Arbitration Forum (the “Forum”). Complainant submitted a Complaint to the Forum electronically on April 26, 2002; the Forum received a hard copy of the Complaint on April 27, 2002. On May 1, 2002, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of May 21, 2002 by which Respondent could file a Response to the Complaint, was transmitted to Respondent in compliance with paragraph 2(a) of the Rules for the Start-up Trademark Opposition Policy (the “STOP Rules”). A timely Response was received and determined to be complete on May 14, 2002. On May 30, 2002, pursuant to STOP Rule 6(b), the Forum appointed Robert R. Merhige, Jr. as the single Panelist. RELIEF SOUGHT Transfer of the domain name from Respondent to Complainant. Page 1 of 5 Molson Canada v %2d%2d - Case No. 112451 11/20/06 http://www.arb-forum.com/domains/decisions/112451.htm
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PARTIES’ CONTENTIONS A. Complainant Complainant, Molson Canada, is reputed to be Canada’s largest and pre-eminent brewer of beer. Founded in 1786, it is now 100% owned by Molson, Inc., which also owns a 49.9% interest in the Coors Canada partnership and a 51.1% interest in Molson USA, which markets and distributes the Molson brands in the United States. It has approximately 3,600 employees in six breweries across Canada. Molson owns hundreds of registered trademarks and pending trademark applications in Canada, the United States and at least 100 other countries throughout the world. Molson in particular owns trademark registration no. TMA490,244 in Canada for the specific brand trademark CANADIAN. Molson has used the CANADIAN trademark in Canada in association with brewed alcoholic beverages, since at least as early as 1959. Additionally, the record reflects Complainant’s trademark registration as well as an application owned by Molson in the United States that combine the corporate trademark MOLSON with the brand trademark CANADIAN.
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Black v Molson NAF Decision - Molson Canada v Case No...

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