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ARTICLE · 23 JANUARY 2015

Recent .CA Domain Name Decision Illustrates Useful Tool For Demonstrating Bad Faith

Smart & Biggar
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The recent CDRP decision Optrex Limited v Nameshield Inc. c/o Daniel Mullen provides a useful reminder that .CA domain names registered in bad faith are subject to transfer by way of a process similar to a UDRP proceeding.

CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
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Overview

The recent CDRP decision Optrex Limited v Nameshield Inc. c/o Daniel Mullen provides a useful reminder that .CA domain names registered in bad faith are subject to transfer by way of a process similar to a UDRP proceeding. The decision also illustrates useful tools for brand owners which are unique to CDRP proceedings. The Complainant in this case, Optrex Limited, was successfully represented by Timothy Stevenson and Daniel Anthony of Smart & Biggar’s Ottawa office.

Background

Canada’s .CA domain name registry is restricted to registrants who meet the Canadian Presence Requirements, which generally requires that the registrant own a relevant Canadian trademark registration or be a Canadian legal entity.

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