CIRA Decision Proves the Need for Preemptive and Protective Domain Registration
Here at 101domain.com, one of the things we harp on to our clients, especially corporate clients, is that international domain registration is crucial facet of protecting brand names and trademarks worldwide. Despite our warnings, many cling to the misguided belief that current trademark law and registrar/registry regulations will allow them to take possession of domain names that use or are similar to their trademarks with little hassle, so pre-emtively registering them is unneeded. Unfortunately this is not true, and one needn’t look further than last month for evidence, when CIRA (the Canadian Internet Registration Authority) refused to order the transfer of emusic.ca to Emusic.com Inc., despite finding that the company had owned the “emusic” canadian trademark since 1999.
According to CIRA, even though it was demonstrated that Emusic.com Inc. did indeed own the registered trademark and that the registrant of the domain in question, Mogul Arts Inc., had no legitimate interest in the domain name, Emusic.com failed to prove that Mogul had “bad faith” in registering the domain. The end result was that Mogul was allowed to maintain possession of a domain name that clearly violated the principles of trademark registration. (source: sedo.com)
This kind of situation happens all the time, and the fact that this one occurred in Canada, a country with fairly established regulations when it comes to domain names and trademarks, serves to reinforce our stand that companies must be vigilant about protecting their brands and trademarks around the world. If an organization like CIRA can so blatantly ignore a violation of a trademark, we can only imagine the problems corporations have in retrieving trademarked domain names in countries with less developed regulations. If you are a domain manager or business owner who is under the impression that you don’t need to worry about others registering domains with your trademark, safe in the assumption that you will have be able to swiftly take possession of such names, think again – and give us a call to find out how we can help you protect your name in over 200 countries by preemptively registering domains.