Surfshark.ca CDRP panel denied the Complaint. (2 Viewing)

davidm

BusinessRegistration.ca
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Join us on Jan 3, 2023, at 6 pm, to discuss the surfshark.ca CDRP decision on the Clubhouse App.

Zak Muscovitch was on the 3-member panel that decided the surfshark case.

The domain name owner represented himself.

He won on a technicality:
  • SURF SHARK wasn't a registered trademark at the time of the domain registration.
  • The domain owner didn't approach the Complainant to sell them his domain name.
  • The standard Godaddy landing page didn't show ads relating to VPNs.
  • And the Complainant failed to show evidence of extensive use in Canada as of the date of the domain registration.

It's instructive to read the whole decision because the domain owner failed to back up all of his (valid) assertions with evidence.
I'm not happy with the panel's take about the term Surf Shark appearing in the Urban Dictionary. Trademark examiners routinely cite all online sources these days to determine the distinctiveness of a term.
Gullible. To to be easily fooled into making a statement or rushing blindly to a course of action without vetting your source. To act hastily without realising you were being lied to by an internet troll who deleted their tweet.
You just did what? Wow, you are so Surfsharked!

The Domain Name Law Show is live every Tuesday at 3pm PST/6pm EST on Clubhouse and hosted by Todd Ryan, David Michaels and Jeff Neuman. Everyone is invited and welcome to attend and participate.

Click here to join the Domain Name Law Club.

If you are in our live audience and have a comment or question, please raise your hand at any time during our show and we will bring you on stage and give you the microphone. Audience comments and questions take precedence over our scheduled topics.

Next Show:

Tuesday, January 3, 2023, 3pm PST/6pm EST (SHOW LINK)

Show Outline:

Show #99: Domain News, Mark Cuban loses GoBlue.com, UDRP Reviews

A. Domain Name News & Topics

1. A Look Back at 2022 (thedomains.com)

2. Domainer Predictions for 2023 (dnw.com)

3. Panel and Audience Share Their 2023 Predictions

4. Nestle's Drops FrozenYogurt.com

5. Today 8 Decisions Made for 19 Domain Names (dndisputes.com)

6. Mark Cuban loses GoBlue.com to Univ of Michigan (dnw.com)

B. Audience Comments and Questions

C. UDRP Reviews

1. goblue.com

2. surfshark.ca

3. migraineagain.org

D. Close the Show
 
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