CDRP What is the specific process of CDRP? (3.Viewing)

Hi everyone,

I’m looking for some insight into the .ca (CDRP) arbitration process. I recently received a "cease and desist" style threat from a company regarding one of my .ca domains. They offered me $100 to transfer the domain, claiming that if I don't accept, they will initiate arbitration.

I’ve been through a UDRP for a .com domain before, but I’m new to the CIRA/CDRP rules. I have no intention of handing over the domain for $100, as I believe I have a legitimate interest in it.

I’d appreciate any experiences you can share regarding .ca disputes! Thanks in advance.

I've been through it a few times, and have prevented many others from ever getting to CDRP. It would be a better private discussion since giving you any advice would require knowing the domain in question as every situation is different. If you want to talk, feel free to PM me and we can do a phone call. I just hate to see bullies succeed, so I'm happy to help.

First question is do you have a Canadian presence of some kind, if the answer to that is yes then everything else falls into place.

Like rlm says, it's highly defendant on the domain, some are easier to defend than others.

Thanks @rlm and @MapleDots!

About presence: I am not a Canadian citizen, but I own a Canadian corporation that I use to hold my .ca domains. I hope this structure satisfies CIRA's Presence Requirements.

I’m actually quite familiar with the UDRP process as I manage a large portfolio and have dealt with disputes before. In my experience, UDRP panelists can often be quite "complainant-friendly" (biased).

In your opinion, is the CDRP process generally more balanced or registrant-friendly compared to the UDRP?

Thanks again for the insights.

i think cdrp is pretty fair to registrants, but you have to fight back, and if it goes to cdrp you have to get a panel instead of single a single panelist so you don’t get screwed by one rogue person. often the best strategy is to prevent it from going that far by letting them know you won’t roll over. ive scared off many threats from ever filing.

btw a canadian corporation would satisfy, but make sure right now that the domain is in the corporation name (be exact), and not your personal name as Registrant.

rlm said:

i think cdrp is pretty fair to registrants, but you have to fight back, and if it goes to cdrp you have to get a panel instead of single a single panelist so you don’t get screwed by one rogue person. often the best strategy is to prevent it from going that far by letting them know you won’t roll over. ive scared off many threats from ever filing.

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Thanks for the reply! I take every dispute very seriously and put a lot of effort into my response for every domain (win or lose). I really despise those brand protection agencies that encourage companies to file for arbitration just to generate fees. I actually had a previous UDRP case where the panel ruled that the complainant and the agency engaged in Reverse Domain Name Hijacking (RDNH). That was a very satisfying win!

rlm said:

btw a canadian corporation would satisfy, but make sure right now that the domain is in the corporation name (be exact), and not your personal name as Registrant.

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Yes, all domain names are held in the company's name.

Hugh said:

Yes, all domain names are held in the company's name.

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I only mention that because I acquire domains in TBR frequently, but I reg those in my personal name temporarily to avoid the public whois. I would normally prefer public whois for sales purposes, but I also prefer to not tip off people (competitors) what I'm buying. I eventually move them to the company name, but as a Canadian citizen I have that luxury, where a personal registration would have some risk for you.

I have been through the process once, for a generic domain I owned that matched an outside company's name that was planning a move into Canada. Hired a domain lawyer for about $5000, they did a great written rebuttle to the other company's lawyer in lead up to the CDRP, and the other side pulled out before it went to a hearing because they knew by then their case was bad, and ended up selling them the domain in the aftermath.

If you read how the process works its pretty clear they have to demonstrate bad faith, infringement, etc., so if you truly feel you're clear then defend it. As was said, choose a panel of 3 if you get to that point, but also as was said you may be able to head them off by pushing back. informing them why you are a legitimate owner of the domain, and that you will fight any attempt by them to take your domain.

I kept my lawyer's write up because some of what he wrote would be good arguments to use for other domains. Also you can Google search for CDRP disputes and maybe find some other's that were released, for example I came across one that defended the domain Kay.ca and it had so many good arguments about defending generic domains that I printed it out and kept it for possible later use.

Does anyone know why I keep getting this error when I try to complete Step 3 of 6 - Response to Factual and Legal Allegations, and I can't submit it?

After repeated submissions and verification, I discovered that the reason was the inclusion of the "Platform Data" in the reply.