Canadian "Reverse Hijacking" Decision
May 05th, 2009 | Category: Domain Names,General,Trademarks
Two Canadian domain name decisions:
In the saga of the domain name forsale.ca, another chapter has been written.  This domain name was the subject of an earlier battle between Globe Media and the then-owner, Dawn Internet (Globe Media International Corporation v. Dawn Internet Telephony Systems Inc, CIRA Decision 00059 (2006). Globe Media failed in that dispute because any rights it claimed arose after the original registration of the domain name in 2000. The domain name registration then lapsed, and was snapped up by a new registrant in January, 2009. Globe Media offered to buy the domain name for $5,000, but by then the domain name had been flipped and sold to Bonfire Development, Inc. for $30,000. Globe Media launched this complaint in February. The panel found that the domain name "is so clearly generic that its registration cannot be seen as being registered in bad faith." The complaint was dismissed. Further, the panel awarded costs of $5,000 against Globe Media for "reverse domain name hijacking", the first award of its kind. Case Decision
At first glance, this is a case determining that Americans cannot hold dot-ca domain names. In a dispute over the domain name clearlylasik.ca, the complaint was summarily dismissed because the US complainant, who claimed rights to the mark 'Clearly Lasik' in Canada and carries on business in Canada under that name, failed to satisfy the Canadian presence requirements. In fact, it appears the complainant does hold a registered trade-mark for CLEARLY LASIK, but failed to submit evidence of this. The complaint would have likely succeeded since there was no response. The disputed domain names now resolve to the Complainant's site, suggesting that the matter was likely settled after this decision was rendered. Case DecisionÂ