Volume II

Issue : 12: June 10, 2004

• Plaintiff Uses PIPEDA to Argue against the Admissibility of Video Surveillance
• RCMP Charges Mississauga Teen Spammer
• British Columbia Privacy Commissioner Launches Patriot Act Probe
• New Bill Enables Import and Online Purchases of Pharmaceutical Drugs
• RIAA Files 493 More Lawsuits against File Sharers
• New York Applies Telephone Regulation to VoIP
• Australian Court Sets Important Privacy Law Precedent
• CDRP Panellist Declines to Transfer .Ca Domain Name In default Case
• Ontario Court of Appeal Finds Online Defamation Warrants Increased Damages

Home > Volume II > Issue 12: June 10, 2004 > CDRP Panellist Declines to Transfer .Ca Domain Name In default Case

CDRP Panellist Declines to Transfer .Ca Domain Name In default Case

In a recent decision, a Panel constituted under the Domain Name Dispute Resolution Policy (CDRP) for .ca domain names declined to transfer the domain name www.forestercollege.ca despite the registrant's failure to challenge the Complaint based on the finding that the Complainant had failed to meet all the criteria needed to succeed on a .ca challenge.

Specifically, the Panel found the Complainant had failed to "establish on the balance of probabilities that the Registrant's domain name was Confusingly Similar to the Complainant's Marks under the predominant interpretation of 'Confusingly Similar' in the CIRA Dispute Resolution cases decided to date." The panel also found that even if the Complainant had been able to establish that the Registrant's domain name was "Confusingly Similar" to the Registrant's Marks, the Complainant still would have failed due to the fact that the Registrant had failed to demonstrate that the domain name was registered in "bad faith" as required by the CDRP.

For a copy of the decision, visit:

http://www.cira.ca/en/dpr-decisions/00017-forestercollege.ca.pdf