CIRA Refuses to Transfer ’emusic.ca’ to EMusic

Sedo logoIn the recent case of EMusic.com Inc. v Mogul Arts Inc. (Nov.2008), the Canadian Internet Registration Authority (CIRA) panel refused to order the transfer of ‘emusic.ca’ to the Complainant, EMusic.com on grounds that it failed to demonstrate that the domain was registered in bad faith. EMusic.com (“Complainant”), a U.S. based operator of an online music store since 1985, is the owner of the domain ‘emusic.com’. It has also owned the Canadian trademark ‘EMUSIC’ since in 1999. The registrant of the domain in question, Mogul Arts Inc., (“Mogul”) registered the domain ‘emusic.ca’ in 2001 under CIRA, after the launch of the Complainant’s website and filing date of the trademark but prior to its trademark registration date. Mogul Arts Inc. used the domain as an active web site intermittently from 2001 to 2007.
To read this article in full by Amanda Hall from Sedo’s Legal Team, see:
www.sedo.com/links/showhtml.php3?Id=2305