Question juridique clé
Whether the company’s trademark, domain names, and trade name were obtained in bad faith and therefore not protected under unfair competition law
Solution extraite
The company acted in bad faith when adopting the sign 'xxx' and could not rely on its registrations or company name against the respondent.
Motifs extraits
The court upheld the cantonal findings that the company knew the respondent’s prior use and sought to benefit from his reputation and risk of confusion. The bad-faith intent was supported by several indices and was not established arbitrarily.