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 … Continue reading

Not responding to cease & desist letter is bad faith under the UDRP

In a recent Uniform Domain Name Dispute Resolution Policy (UDRP) decision concerning the domain name detailsmagazine.com (Advance Magazine Publishers Inc. v. Moniker Privacy Services),  a WIPO panelist found that the domain name owner’s (a.k.a. Respondent’s) failure to respond to the Complainant’s cease and desist letter constituted bad faith under the UDRP. Summary The Complainant owned … Continue reading

Incorporating the phrase “official site” may increase confusion under the UDRP

A WIPO UDRP Panel in L’Oreal, Laboratoire Garnier & Compagnie v. Australian Internet Investments Pty Ltd. (D2008-1640) recently ruled found that the phrase “officialsite” in a domain name may increase the likelihood of confusion. The Panel’s reasoning was that the phrase “officialsite” implies that the domain name belongs to the trade-mark owner or is registered … Continue reading

ICANN implements new policy to combat domain name tasting & kiting

The Internet Corporation for Assigned Names and Numbers (ICANN) recently implemented a new policy to curtail domain name tasting and kiting of generic top level domain names (gTLDs). The policy, called the Add Grace Limits Policy, is designed to discourage domain name tasting by restricting refunds under the Add Grace Policy (AGP). The organizations operating … Continue reading

Changes to the .ca WHOIS Policy

The Canadian Internet Registration Authority (CIRA), the organization overseeing .ca domain names, has changed its WHOIS policy. Under the new policy: .ca WHOIS searches will not display registrant, administrative or technical name and contact information for .ca domain names registered to individuals.  Such information privacy shielded in WHOIS searches. WHOIS information for domain names registered … Continue reading

Domain name purchase due diligence

Domain News recently posted an article on domain name purchase due diligence, entitled “Once in Bad Faith, Always in Bad Faith: Getting to Know the Domain Name You Purchase”. The author of that article, Brian Hall, makes a good point: a domain name purchase requires due diligence, just like any other asset purchase. Just because … Continue reading