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ARTICLE · 31 AUGUST 2011

Domain Name Is Property In Ontario

The Court of Appeal for Ontario has ruled that a domain name is personal property and a business asset located in Ontario.

CanadaIntellectual Property

The Court of Appeal for Ontario has ruled that a domain name is personal property and a business asset located in Ontario.  Prior to this decision, there was little guidance in Canadian law on the issue of whether a domain name constitutes property.

The decision rendered on Aug 5 2011, involved a dispute between Tucows.com Co. and Renner S.A., about Tucow's right to keep the domain name "renner.com" in the face of Renner's registered trade-mark "Renner".  Tucows, a technology corporation located in Toronto Ontario, had purchased the domain name renner.com from a third party in 2006.  The domain name is registered with the internationally recognized Internet Corporation for Assigned Names and Numbers (ICANN). Renner, a subsidiary of a leading US retailer JCPenney, owns the trade-mark "Renner" in Brazil and other countries. 

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