There are some lessons from the unibet.ca CDRP decision:
https://ciidrc.org/wp-content/uploads/2 … et.ca_.pdf
1. Don't use parking crew or other automatic PPC landers if there are any matching trademarks
2. Don't post any PPC links if the domain name gets almost no traffic.
3. File a section 45 request with CIPO if you think that the matching trademark is not being used.
4. Register a trade name/sole proprietorship that matches the domain name, for something not infringing, if you think that there are any risks of a CDRP.
5. Don't setup SMTP servers for domains unless you are running a transparent business.
6. If there are matching trademarks, the Registrant should use the domain name in a non-infringing way in connection with a registered business or use
the domain name in Canada in good faith in association with a noncommercial activity including, without limitation, criticism, review or news reporting;
Is it possible to do all of the above, all the time? It can get expensive if you have too many domains that match registered trademarks.
And there are blatantly stupid beliefs stated in the opinion:
1. "It is reasonable to infer, based on the above, that the Registrant was aware of the Complainant’s UNIBET Mark and anticipated the Complainant would be interested in reflecting said Mark under the .ca extension for Canada. Thus, the Registrant deliberately registered the Domain Name to deny the Complainant the opportunity to register the Domain Name, disrupting the Complainant’s business."
The trademark owner had the opportunity to register the domain name 14 years before the registrant did! The registrant probably assumed that the trademark was not in use because private gambling has been illegal in Canada.
Note: This is changing - provinces are issuing online gambling licenses to private businesses now.
2. The “contact us” form of the Domain Name creates a plausible inference that the Registrant registered the domain name, or acquired the Registration, primarily for the purpose of selling, renting, licensing or otherwise transferring the Registration to the Complainant, or the Complainant’s licensor or licensee.