redbrickpizza.ca transferred
Redbrick Pizza’s CDRP complaint was decided in favour of the complainant on November 23, 2009. The panelist hearing the case ordered a transfer of the domain name redbrickpizza.ca to the operator of a chain of pizza restaurants.
The CDRP panelist accepted evidence that the registrant was a serial cybersquatter. The 3-part test (confusing similarity with the complainant’s mark, bad faith registration, and no legitimate interest) was met.
The registrant did not file a response to the complaint. The registrant was using a third-party privacy service (privacy.ca) to shield its contact information. This proved difficult when serving the complaint, but the panelist said:
“The Panel finds that the [arbitration service provider] has used all reasonable efforts to contact the Registrant at its postal and email addresses listed for service. The fact that the Registrant has chosen to use a third party privacy provider to receive and filter notices being sent to these addresses is a choice the Registrant is certainly free to make. However, such a choice does not under the Rules and cannot reasonably impose an additional burden on the BCICAC to look behind this third party provider to ensure that the Registrant has in fact received the Complaint and the subsequent notices sent to it.”
