Kay.ca CDRP dispute (1 Viewing)

Damn right, now who pays the legal costs?

Imagine all the 3 and 4 letters we own and everyone decides to file.
The doamainer could go broke in legal costs.

You file a dispute and you lose you should be responsible for both legal bills.

Great job @Zak

Now imagine if everyone called Pure whatever decided to go after my pure.ca

How many companies have names or products with the name pure something?
They want to shorten their name then they have to pay up. You want a Mercedes, you have to pay for it.
 
I didn’t read the details of the decision but I did notice that the complaint is American and the owner of Kay.ca is from Lebanon.

I have 2 questions:

1. How can he own Kay.ca when his address is in Lebanon?

2. What legal grounds does an American based company have going after a generic .ca?
 
theinvestor said:
I guess you can be a Canadian Citizen and live outside of Canada.
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Yes, of course. But if it was me who was the respondent, I would want to make sure I use a Canadian address. Even if I lived in a different company.

Side note, I now have the “Every kiss begins with Kay” buzzing in my head now.
 
MapleDots said:
Damn right, now who pays the legal costs?
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Unfortunately, you do.

Your only recourse is to jack the purchase price to now cover any legal costs lost. Your best bet is to be up front, explain that any frivolous costs incurred defending a dispute will be added to the price, times two.

Thankfully I've had pretty good luck fending off CDRPs before they happen. In general I try to show them that I respect their trademarks, understand their client's concerns and that I can understand why they might want the domain name. But I also point out that trademarks have limits, my domain is generic in nature, that I've never infringed, that I will vigorously defend the domain, and that I will win. That usually stops them from actually filing.
 
rlm said:
Looks like you already found it, lol.

So, this case seems pretty straight forward to me. What aspect of it is intriguing?
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Well, under the parties it stated registrant purchased the domain on February 16th,2011. (Through TBR).

Then if you read further below under the position of the registrant it mentions they purchased the domain from myid.ca marketplace on or about May 5th,2011. They then mention other 3 letter domain they purchased on that same day (dhe.ca, ihp.ca and uae.ca) which were also part of TBR run on February 11th.

It’s interesting that even in a dispute there is inaccurate information being presented. Wondering what the chances of someone being able to purchase 4 different domains through myid.ca marketplace and all of them being part of a TBR run months earlier.

To claim they purchase generic and description domains but as we know years later there was a dispute against them for whatsapp.ca.

So it leads me to question were these domains purchased in TBR or myid marketplace and why is the buyer making up this story of purchasing through myid marketplace? If they were truly picked up in TBR. Who actually registered these domains on February 16th? I believe they are the true owner and when they got wind of a dispute they got transferred to this Hiba Alnatour with some address in Beirut, Lebanon which in a different dispute didn’t even match.
 
rlm said:
Unfortunately, you do.
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I thought that the complainant pays all the fees before the domain is brought under investigation? Unless, of course, you decide to hire a legal counsel to help defend your case.

Now my question is, if you paid a lawyer to defend your domain and won the dispute, are you entitled to reimbursement of legal fees from the complainant? Does CIRA also apply RDNH findings?
 
rlm said:
Unfortunately, you do.

Your only recourse is to jack the purchase price to now cover any legal costs lost. Your best bet is to be up front, explain that any frivolous costs incurred defending a dispute will be added to the price, times two.

Thankfully I've had pretty good luck fending off CDRPs before they happen. In general I try to show them that I respect their trademarks, understand their client's concerns and that I can understand why they might want the domain name. But I also point out that trademarks have limits, my domain is generic in nature, that I've never infringed, that I will vigorously defend the domain, and that I will win. That usually stops them from actually filing.
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This is great advice. It’s not difficult to fend off CDRP’s before they happen. If you are upfront they will realize it’s an uphill battle. I’ve also been lucky enough to avoid CDRP’s.
 
theinvestor said:
Then if you read further below under the position of the registrant it mentions they purchased the domain from myid.ca marketplace on or about May 5th,2011. They then mention other 3 letter domain they purchased on that same day (dhe.ca, ihp.ca and uae.ca) which were also part of TBR run on February 11th.

It’s interesting that even in a dispute there is inaccurate information being presented. Wondering what the chances of someone being able to purchase 4 different domains through myid.ca marketplace and all of them being part of a TBR run months earlier.
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So in addition to "Old European Ladies" who invest heavily in MyID marketplace domains, we also have "Spry Lebanese Ladies" who are looking to get a leg up in the domain business by purchasing valuable 3-letter domains from MyID.
 
DomainRecap said:
So in addition to "Old European Ladies" who invest heavily in MyID marketplace domains, we also have "Spry Lebanese Ladies" who are looking to get a leg up in the domain business by purchasing valuable 3-letter domains from MyID.
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:ROFLMAO::ROFLMAO:
 
theinvestor said:
They then mention other 3 letter domain they purchased on that same day (dhe.ca, ihp.ca and uae.ca) which were also part of TBR run on February 11th.
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So you're certain that kay.ca and these other domains were indeed in the TBR drop on February 11th? My saved tbr lists don't go that far back.

Aside from the registrant saying she registered all these domains "on or about May 5, 2011", which is wrong like you pointed out, it's also strange if they were indeed on the drop on Feb 11th and yet all the registration dates show Feb 16th. Doesn't the registration date always reflect the day of the drop? Was it any different then, maybe the registration date only kicked in the day the paid?

Not much seems to check out here. Further complicated by the fact they first mention she "registered" the domains, and then they say she "acquired" them from MyID marketplace... and how it's an "online marketplace for the buying and selling of already registered domains."

I've mostly skimmed this decision but I'm confused AF. Might have to take my time to read this in it's entirety but it's possible it's just littered with mistakes.

In any event, nice catch @theinvestor.
 
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MapleDots said:
Seriously why MyID is still tolerated is beyond me, they probably skim so many domains it's not even funny.
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Maybe it's just an incredibly poorly written decision and has mistakes, but that doesn't explain everything.
 
MapleDots said:
Seriously why MyID is still tolerated is beyond me, they probably skim so many domains it's not even funny.
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The problem is no matter what gets uncovered no one is going to investigate how a business is run. CIRA is not interested in that either. I already know if more were to get uncovered about this what excuses the registrar would give.

Those domains were never paid for so they were held in a hold account and eventually transferred to this user which they bought. Pretty coincidental that all those names were part of same TBR and purchased through marketplace on same day. It’s just BS sorry.
 
theinvestor said:
Those domains were never paid for so they were held in a hold account and eventually transferred to this user which they bought. Pretty coincidental that all those names were part of same TBR and purchased through marketplace on same day. It’s just BS sorry.
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Of course it is, and these CDRPs are a very, very interesting look behind the MyID curtain.
 
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