Domain Bits looks at Canadian domain name laws, with an emphasis on what domainers need to know in Canada. So Domain Bits has interviewed Canadaâs leading domain lawyer, Zak Muscovitch, and asked him a few questions. Zak was the successful lawyer in the famous CheapTickets.ca case, which was the first domain dispute under the CDRP where a domain owner won, and which was fought all the way up to the federal court of Canada.
Regarding the status of domain name law in Canada, Zak says “the best concise summary of the law in Canada was provided by Justice Blenus Wright in another precedent setting domain name case that” he won. On appeal in the case, Justice Wright said in his written opinion said:
Simply because a domain name is identical or similar to a trademark name should not result in the transfer of the domain name to the trademark owner. In my view, 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.”
The article also looks at the dispute resolution service in Canada, what relevant laws Canadian domainers need to be aware of and changes Zak would make to laws that affect domain names in Canada.
To read this article in full, see www.domainbits.com/canadian-domain-laws/.