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Spafinder Inc. Wins Dispute Over spafinder.ca
The Canadian Internet Registration Authority (“CIRA”) has ordered Ontario Spa, a Mississauga-based corporation, to transfer the domain name spafinder.ca to Spafinder Inc. Spafinder Inc., a New York-based corporation, has used the CIPO-registered mark, SPAFINDER, to promote its services since 2001, while Ontario Spa registered the domain name, spafinder.ca, in 2003.
CIRA, in accordance with CIRA Policy, weighed several relevant factors to determine which party had the right to use the domain name in dispute. Such factors included the scope of Spafinder Inc.’s rights in the mark and whether the mark was distinguishable to the extent that it had developed a second meaning; whether spafinder.ca was confusingly similar to the registered mark SPAFINDER; whether the registration was made in bad faith; and whether Ontario Spa had a legitimate interest in the domain name. Ultimately, after considering these factors, CIRA panelist David Lametti found in favour of Spafinder Inc.
For a copy of the decision, visit: