Ontario Court of Appeal Rules that a Domain Name is Property

The Ontario Court of Appeal recently ruled that a domain name is a form of intangible property in Tucows.com Co. v. Lojas Renner S.A. 2011 ONCA 548. The Court of Appeal’s decision is significant for domain names registered to entities located in Ontario, and specifically for .com and other generic top-level domain names subject to the Internet Corporation for Assigned Names and Numbers’ (“ICANN”) Uniform Domain Name Dispute Resolution Policy (“UDRP”).

My summary of the decision, and commentary on the decision’s significance for domain name and brand owners, can be found in the current edition of the Ontario Bar Association’s Information Technology and E-commerce Section Newsletter, available at http://www.oba.org/En/InfoTech/newsletter_en/v13n1.aspx.

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