CDRP Guess-Canada.ca - Decision = Transfer (1.Viewing)

I haven't really read through this one until just now

Opinions anyone?

https://www.cira.ca/uploads/2023/05/guess-canada.ca-Decision-CDRP.pdf

Dont know how the CDRP button disappeared but I restored it so if you see any missing CDRP's feel free to open a topic.

Any volunteers to moderate the CIRA section?

Would be responsible to list any new CDRP's and moderate CIRA discussions.

maybe @FM? or any other member taking a special interest in CDRP's ?

MapleDots said:

maybe @FM? or any other member taking a special interest in CDRP's ?

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I'm not following CDRPs specifically a lot, so I don't think I'm the right guy for this. @davidm is very versed in it in my eyes, but I'm not sure he'd have the time.

It's unclear whether the registrant was reselling authentic Guess branded clothing or one of their affiliates masquerading as an eCommerce website because only the home page is shown in Archive's Wayback Machine. The Respondent didn't file any response.

Affiliate networks usually provide affiliate publishers a feed of product images but this Respondent decided to mimic the actual Guess .com website, including the pictures of their models wearing Guess clothing. The affiliates are also given a license to use the brand's trademarks in connection with advertising the affiliate links. US based affiliate websites are supposed to identify their links as affiliate links, according to the FTC, but I don't know if Canada has the same regulations for .ca websites. Affiliates need to read the terms and conditions when they sign up for programs. Sometimes they say don't use domain names that contain the brand name in it.

Allegations stated in the complaint that the Registrant Did Wrong:

Website Impersonation:

• Created a website masquerading as an official Guess website
• Misappropriated images from official Guess websites
• Presented stolen content as their own

Deceptive Practices:

• Set up an unauthorized payment system
• Attempted to profit from Guess's goodwill and reputation
• Created confusion about affiliation with Guess

Trademark Violations:

• Used Guess's trademark without permission
• Targeted a famous brand deliberately
• Attempted to divert Guess's business to their illegal operation
• The Panel ordered the domain name be transferred to Guess? IP Holder L.P. as the rightful owner.

FM said:

@davidm is very versed in it in my eyes, but I'm not sure he'd have the time.

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good choice