Want to stay current on e–commerce law? Sign up for Email Newsletter.
Original Registrant Losses Acrobat.ca
Acomplaint made by Toronto-based Acrobat Construction / Enterprise Management Inc. ("Acrobat Construction") was recently decided by a panel constituted under the Canadian Internet Registration Authority's ("CIRA") Domain Name Dispute Resolution Policy (the "CDRP"). At issue was the domain name acrobat.ca ("Domain Name"), which Acrobat Construction alleged had been misappropriated by 1550507 Ontario Inc. operating as pool.com ("Pool.com"). Acrobat Construction was the original registrant of the Domain Name having registered it in November 2000, but due to an administrative error, Acrobat Construction failed to renew the registration. Subsequently, Pool.com was able to register the Domain Name in March 2003.
In its submission, Acrobat Construction argued that Pool.com had no legitimate interests in the Domain Name and that it had registered it in bad faith. It further argued that it had rights to acrobat.ca due to its use of the business name "Acrobat Construction / Enterprise Management Inc.". In rejecting these arguments, the panel found that Acrobat Construction failed to meet its burden of proof under the CDRP in that it did not submit sufficient evidence to show that the Domain Name was confusingly similar to its mark.
As to Pool.com's use of the Domain Name as merely a visitor attraction tool, the panel found that such minimal use was in good faith due to the fact that it was in furtherance and part of Pool.com's business plan.
For a copy of the decision,visit: