Forsale.ca Complaint Dismissed

The Canadian Internet Registration Authority (“CIRA”) dismissed a complaint over the disputed domain name forsale.ca. In making its decision, CIRA’s three-member panel accepted that the complainant, owner of the domain name for-sale.ca, had registered its domain name in April 2003, applied for a trade-mark in that name on April 7, 2003, and obtained a formal trade-mark registration in January 2005. The panel further acknowledged that the disputed domain name, forsale.ca, was first registered on October 20, 2000.

Pursuant to paragraph 4.1 of CIRA’s Domain Name Dispute Resolution Policy, a complainant will only succeed where it proves, on a balance of probabilities, that the disputed domain name is confusingly similar to a mark in which the complainant had rights prior to the date of registration of the domain name, and to which such rights still exist; the domain name was registered in bad faith; and there is evidence the registrant had no legitimate interest in the domain name. CIRA dismissed the complaint solely on the basis that the complainant’s rights in the mark, for-sale.ca, existed as early as April, 2003, but did not exist prior to October 20, 2000, the date the disputed domain name, forsale.ca, was registered. The panel did not find it necessary to address the issues of bad faith or legitimate interest.

This entry first appeared in the October 5, 2006 edition of lawsof.com. For a copy of the CIRA decision, click here.