CDRP Swim4life.ca - Decision = Dismissed (1 Viewing)

davidm

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  • #476 - Royal Life Saving Society, Alberta and Northwest Territories Branch v. Karina Reynaud / Nager pour la vie (Complaint Dismissed - Three Panelists - PDF)
    swim4life.ca
    The Complainant is a well-known charitable organization that works to prevent drowning and water-related injuries through its training programs in Canada. It owns the SWIM FOR LIFE registered trademark in Canada (prior to the Registrant's registration of the Domain Name).
  • In 2012, the Registrant developed a swimming program to teach children how to swim (in Quebec), and registered and has been using the Domain Name along with NAGER POUR LA VIE AVEC KARINA RENAUD (or SWIM FOR LIFE WITH KARINA RENAUD in English). The Panel found that the Registrant registered the Domain Name in good faith, and also registered nagerpourlavie.ca (and the .com) at the same time, she incorporated her business, and she used SWIM FOR LIFE between 2012 - 2020 without misleading visitors of her website. (summary prepared by David Lipkus)
  • It is very clear from the Registrant’s website that the services are provided by Karina Renaud and have nothing to do with the Complainant. The Registrant’s website does not falsely pose as the Complainant’s website or a website associated with or endorsed by the Complainant. Throughout the entire use of the Registrant’s swimming program SWIM FOR LIFE WITH KARINA RENAUD and its legal names which incorporate the term SWIM FOR LIFE, no confusion had ever been reported to the Registrant. Furthermore, although not always used with the addition of the name “Karina Renaud”, the Registrant’s swimming program always references Karina Renaud in some way on the Registrant’s website. Therefore, there is no confusion between the programs of the Complainant and the Registrant, as there is a low likelihood that a consumer will believe that the Registrant is affiliated with the Complainant.

  • Furthermore, in light of the fact that various other websites use the term “Swim for life” or a very similar phrase in relation to swim classes, it is clear that the Registrant had no intention of disrupting the business of the Complainant. Nothing would lead to the conclusion that the Registrant’s business and services originate with the Complainant or were endorsed, sponsored or approved by the Complainant.
  • RDNH denied
 
@davidm

Thank you so much for posting this (y)
 

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