Canadian Internet Law Update – 2017

A. Trade-marks

1. Infringing Domain Name and Keyword Advertising

Vancouver Community College v. Vancouver Career College (Burnaby) Inc., 2017 BCCA 41, involved a dispute over the respondent's use of "VCC" in its Internet domain name and the use of "VCC" and "Vancouver Community College" as advertising keywords, which Vancouver Community College alleged constituted passing off and violation of its official marks. The trial court dismissed those claims (see 2015 BCSC 1470). The Court of Appeal allowed Vancouver Community College's appeal regarding the respondent's use of "VCC" in its domain name, but dismissed the appeal regarding the advertising keywords. The Court of Appeal held that the trial judge erred in applying the "first impression" test for confusion by holding that the relevant first impression occurs when an individual using an Internet search site arrives at a listed website. The Court of Appeal held that the proper question was whether there was a