Region: Canada

The Canadian Internet Registration Authority (CIRA) has released its first decision under the new CIRA Domain Name Dispute Resolution Policy. In the case of <i>Red Robin International Inc v Greg Tieu</i>, the registrant of 'redrobin.ca' was found guilty of cybersquatting, so the domain name was transferred to the US company Red Robin.

27 November 2002

In the case of <i>Molson Canada v Oland Breweries</i>, the OntarioCourt of Appeal has dismissed Molson's passing-off action, ruling that Oland's use of its registered trademark OLAND EXPORT constitutes a complete defence against such an action.

14 November 2002

In a case involving the British Columbia Law Society, the province's supremecourt recognized that the registration and use of a domain name that incorporatesanother party's trademark may constitute unlawful passing off, and therefore issueda pre-trial injunction prohibiting the use of domain names that allegedly violatethe law society's common law rights.

30 September 2002

The Canadian Internet Registration Authority has amended its restrictive rules regarding the registration of domain names in the '.ca' top-level domain to allow Canadian municipalities to register their official names as second-level domain names, such as 'toronto.ca'.

14 May 2002

The Canadian Internet Registration Authority is experiencing difficulties with its '.ca' registration system. Many registrars use third-party resellers to sell '.ca' domain names to the public, but it is difficult to hold resellers accountable for their actions. Several solutions have been suggested.

28 January 2002

In the case of <i>Easthaven Limited v Nutrisystem.com Inc</i>, the Ontario Superior Court has declined jurisdiction to settle a dispute over the domain name 'sweetsuccess.com', finding that Ontario has no "real and substantial connection" to the subject matter of the action.

03 December 2001

The Ontario Court of Appeal has clarified the circumstances in which internet advertising originating outside of Canada can constitute use of a trademark in Canada pursuant to the Canadian Trademarks Act.

30 October 2001

A recent judgment of the Saskatchewan Queen's Bench emphasizes that Canadiancybersquatters cannot act with impunity and suggests that punitive damages maybe appropriate in future as case law develops.

19 June 2001