CIRA Panel Concludes "Bad Faith" Standard Different in .ca Disputes Than Those In .com Disputes

On April 8, 2003, panellists of the British Columbia International Commercial Arbitration Centre (BC ICAC) issued their decision that the domain name www.radiocanada.ca should be transferred to CBC/Radio-Canada from Williams Quon, based on the finding that Quon had registered the domain name in bad faith. Unlike the dispute resolution policy used for generic domain names such as .com (UDRP), under the .ca Domain Name Dispute Resolution Policy (CDRP), there is an exhaustive list of the types of bad faith necessary to warrant transfer of a domain name. This list in paragraph 3.7 of the CDRP can be summarized as follows:
  • registration with the goal of selling to the complainant, its licensees or competitors;
  • a pattern of registration to prevent mark owners from registering; or
  • registration by a competitor to disrupt the complainant's business.
Elements of the CDRP may still be interpreted according to UDRP-based precedents. In this case, Quon had also registered

ETips Issue

03 05 22

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.