IP Update
 

Down, but not out — initial adverse decision not a bar to future recovery of .ca domain name

by Daniel Anthony and Timothy Stevenson

Two recent decisions under the Canadian Internet Registration Authority’s Domain Name Dispute Resolution Policy demonstrate that a trademark owner who fails to obtain a domain name transfer at a first panel hearing may nonetheless achieve a favourable outcome upon a second panel hearing. The cases in question also highlight the importance of submitting carefully prepared evidence that establishes the owner’s prior rights to the trademark in Canada.

In the second of these cases, the Complainant, PicMonkey LLC, was successful in recovering the domain name, and was represented by Daniel Anthony and Timothy Stevenson of Smart & Biggar’s Domain Names & Internet Law Group.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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