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Domain Law in Canada

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canada_flag_110x75.jpgDomain Bits has published an interview of Canadian domain lawyer Zak Muscovitch, in which Mr. Muscovitch outlines the basics of domain law in Canada.  Some points that Mr. Muscovitch mentions:

1.  Simply because a domain name is identical or similar to a trademark name does not result in the transfer of the domain name to the trademark owner.

Unless there is some evidence that the use of the domain name infringes on the use of the trademark name, a person other than the owner of the trademark should be able to continue to use the domain name.

2.  The Canadian Dispute Resolution Policy (CDRP) is similar to ICANN's UDRP.  All contested cases are ruled on by three-member panels paid for by the Complainant.  CRDP proceedings are not very common - to date there have been 107.  As well, under the CDRP, you must put up a website immediately when you obtain a domain, as unlike under the UDRP, "use" of a domain does not include "preparations to use."

3.  By registering domains with a Canadian registrar and hosting them with a Canadian host, this helps ensure that any legal proceedings would take place in Canada.

You can read more about what Mr. Muscovitch has to say about Domain Law in Canada here.

Jeff Behrendt