Canadian Internet Law Update – 2016

This paper summarizes selected developments in Canadian Internet law during 2016. Internet law is a vast area that continues to develop rapidly. Reference to current legislation, regulatory policies, guidelines and case law is essential for anyone addressing these issues in practice.

A. INTELLECTUAL PROPERTY - TRADE-MARKS

1. Court-ordered Domain Name Transfer

Michaels v. Michaels Stores Procurement Co., Inc., 2016 FCA 88, involved a dispute over the use of the www.michaels.ca domain name that allegedly infringed Michaels Stores' trademarks and caused consumer confusion. Michaels Stores obtained default judgment against the appellants, including an order requiring transfer of the www.michaels.ca domain name to Michaels Stores. The appellants appealed and challenged the trial court's jurisdiction to order the domain name transfer. The court of appeal dismissed the appeal. The court confirmed that the trial court had jurisdiction to order transfer of the domain name