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Fluke
Coproration's received the
2009 product of the Year Grand award Monday, March
29 at the annual product of the Year dinner in Chicago.
The dinner, part of the 2010 Manufacturing/Automation Summit, recognized
more than 50 of the best new
products in 17 categories including compressed air. Winners were voted
on by the readers of Plant Engineering magazine.
Fluke
president Barbara Huitt accepted the award on behalf of
Fluke and thanked the readers and the customers for helping
to make the honor possible.
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The
Compressed Air Gold Award:
From
Quincy Compressors, the QGD rotary screw air
compressor features a modular enclosure that limits
sound levels to 67 dB. The device uses a direct drive
air-end, which uses no gears or belts, but a C-Face
mounted motor that transmits power directly. The
device uses a horizontal separator tank and
multi-service block that allows for the use of a
spin-on filter, oil separation and ease of
maintenance. |
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The
Parties
The Complainant is Inter-Power A.K.
Corporation, St-Laurent, Quebec, Canada, represented by
Fares Kabbani, Canada.
The Respondent is Entreprises
Larry Inc., Montreal, Quebec, Canada, represented by Lozeau
L’Africain, S.E.N.C., Canada.
The disputed
domain name is registered with Tucows
Inc.
Complainant is in the business of sale of
compressors and providing service, parts and maintenance for
compressors. It was incorporated on December 16, 1987, under
the name Inter?Power A.K Corporation, and its places of
business are situated in the province of Quebec, Canada,
namely in Montreal and Drummondville.
However, the
Complainant has adduced substantial evidence that it used
that name prior to the date of the registration and indeed
for some 15 years. Unregistered trademarks are recognized in
Canada and in particular in Quebec. This is confirmed in Les
Accessoires de Bagages Hudson v. Les Attaches Tri?Point Inc.
et Johnson (Cour supérieure de Québec, July 21, 2003) at
para. 44.
Shell International Petroleum Company Ltd
v. Allen Jones, WIPO Case No. D2003?0821, provides a
definition for unregistered marks: “An unregistered mark
(as, for example, it is called in the USA) or common law
trademark (e.g. as periodically called in England and other
common law countries) is obtained when a trademark has been
in continuous use and has obtained a distinctive character
in association with the Complainant.”
In the
present case, Complainant has provided evidence that it has
been known under the name Compresseurs Quebec and has been
using that name since the year 1990. All of Complainant’s
bills, business cards and documentation refer to
“Compresseurs Quebec.” More importantly, the Complainant has
shown that it has used the name in connection with its
advertising.
For all these reasons, the
Panel finds
that Complainant has rights in the mark COMPRESSEURS
QUEBEC
“The addition or subtraction, of a single
character, such as a letter or number, to a mark for use in
a domain name has not precluded Panels from finding the
domain name to be identical or confusingly similar to a
mark, especially where the conversion is from singular to
plural.”
Accordingly, the Panel finds that
Respondent’s domain name is
confusingly similar to Complainant’s unregistered mark
COMPRESSEURS QUEBEC.
Although the word “Compresseur” has
a link with the activities of Respondent, it does not offer
any evidence concerning its intent to use the domain name in
connection with a bona fide offering of goods or services.
Respondent was already using the domain name
to offer its services, and the
contents of this website appear to be exactly the same as in
“www.compresseurquebec.com” website.
Moreover,
Respondent does not contend that it has been commonly known
by the disputed domain name. Respondent could have resorted
to many other names to describe its activities, namely to
distribute “manufacturing brands of compressors and
components.” Contact email addresses on
end by and
the words “compresseur” and “quebec” are not used on the
website.
The Policy paragraph 4(b) sets forth four
non?exclusive criteria for Complainant to show bad faith
registration. Those criteria include the statement
that:
“(iv) by using the domain name, you have
intentionally attempted to attract, for commercial gain,
Internet users to your website or other on?line location, by
creating a likelihood of confusion with the complainant’s
mark as to the source, sponsorship, affiliation, or
endorsement of your website or location or of a product or
service on your website or location.”
Moreover, the
evidence in this case is that these two competitors both use
the Internet to offer their equipment and services relating
to compressors. Complainant has used the website
“www.compresseursquebec.com” since 1999. Respondent uses the
website “compresseurlarry.com” since 2000. Then, in 2003,
Respondent registered the domain name in dispute
, while never making any use of the
expression “Compresseur Quebec” in the
“www.compresseurquebec.com” website, the latter having in
fact the same content as that of the
“www.compresseurlarry.com” website.
This created the
likelihood of confusion with Complainant’s trademark and
name (and with its domain name for that matter). It seems
clear that there would be a danger of diverting customers
who were looking for Complainant’s site to Respondent’s
sites.
Therefore, according to the Policy paragraph
4(a)(iii), it appears that Respondent has registered and
used the domain name in dispute in bad faith.
Decision
For all the foregoing reasons, in accordance
with Paragraphs 4(i) of the Policy and 15 of the Rules, the
Panel orders that the domain name, be
transferred to Complainant.
Thomas
Webster
Presiding Panelist
Daniel J.
Gervais
Panelist
Christiane
Féral-Schuhl
Panelist
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