Copyright stuff (1.Viewing)

Groot · Jul 1, 2021

Can anyone shed some light on copyrighted trademark battles?

I've read some of the decisions and what not, and all the CIRA stuff, but can't seem to get a clear answer (unless I'm just missing it lol)

If a domain is registered, but it turns out to be a copyright/trademark, can they just take it away from you if they go through CIRA?

And I mean if a domain was just registered for fun/by accident kinda thing/plans for other things, not in bad faith or to ransom or whatever.

Thanks in advance for any insights!

Cheers!
Gabriel

theinvestor · Jul 3, 2021

That’s a very difficult question to answer because each scenario is very different.

For example, if I register a domain today and it’s a trademark it doesn’t mean I’m not able to use it for my own purposes.

If I own google.ca that’s pretty clearly a TM infringement. If I own Apple.ca then it’s not as clear.

Generally, in order to lose a domain through a CDRP dispute you need to prove the following :

1. Domain is identical or confusingly similar to a common or trademark.
2. Registrant has no legitimate interest in the domain
3. Registrant registered the domain in bad faith

It’s not as easy to prove these 3 above as you may think. Unless of course it’s obvious.

Groot · Jul 4, 2021

That's a pretty clear way to put it, thanks a lot!

rlm · Jul 4, 2021