Is sexpositive generic or clearly descriptive? Domain transferred (1 Viewing)

Mar 31, 2021
Etobicoke, ON
I might not know what sexpositive means, but it sounds clearly descriptive of a certain type of behaviour.

Anyway, 3 panelists ordered the transfer of the matching .ca domain name in what seems to be a questionable decision at first glance.

  • #482 - Mehdi Naimi / Sexpositive Shop v. Sheila Abbott / Parksville Qualicum Sexessories (Domain Transferred - Three Panelists - PDF)
    The Complainant's SEXPOSITIVE progressive shop opened in 2018 in Parksville, British Columbia. It has amassed over 1,300 customers. The Registrant is an owner/operator of another local sex shop in the same area. The parties are known to each other and have a 'strained' relationship. The Registrant intends to direct users to a "sexpositive" blog and hopes to launch in the coming weeks. The Registrant states that "sexpositive" is simply a noun and the Complainant does not have any trademark rights "per se". The Panel noted that the term is capable of acquiring trademark rights and there was no evidence supporting the the meaning of the term or its use understanding by consumers. The Panel found that the Domain Name was registered in bad faith because the Registrant likely knew of the Complainant's shop and use of the term SEXPOSITIVE when it registered the Domain Name. Further, the evidence included allegations of "malicious actions" by the Complainant - for example, unwelcomed visits to the store and attending to poach the Registrant's employees - evidence that the Registrant acquired the Domain Name with a primary objective of harming its competitor. (summary prepared by David Lipkus)
An internet search indicates that sex-positive is a generic description: › wiki › Sex-positive_movement

Sex-positive movement - Wikipedia

The sex-positive movement is a social and philosophical movement that seeks to change cultural attitudes and norms around sexuality, promoting the recognition of sexuality (in the countless forms of expression) as a natural and healthy part of the human experience and emphasizing the importance of personal sovereignty, safer sex practices, and consensual sex (free from violence or coercion
Yes but it probably was maliciously registered, especially because of the proximity of the two registrants and the fact they were in the same business.

I don't often agree with transfers but this one is probably justified.

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