DLA Piper (Canada) LLP obtains order for transfer of disputed domain name to Xypex

The World Intellectual Property Organization (“WIPO”) recently ordered that the disputed domain name <szxypex.com> be transferred from its registrant to Xypex Chemical Corporation ‎(“Xypex”). DLA Piper Canada represented Xypex in proceedings before the WIPO, led by technology and intellectual property law partner, Chris Bennett.

In its ruling, the WIPO stated that Xypex had successfully demonstrated that it had established its rights in the XYPEX trademark and had established a prima facie case that the Respondent has no rights or legitimate interests in the disputed ‎domain name‎. In addition, the WIPO panel found that the Respondent had “registered the disputed domain name with a view to attracting, for commercial gain, Internet ‎users to his website by creating a likelihood of confusion with the Complainant’s registered XYPEX trademark as to the source, sponsorship, affiliation, or endorsement of his website or location or of a product or ‎service on his website‎”.