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  1. #1

    ICANN (.com) domain vs CIRA (.ca)

    Is there any precedence of a .com website going after a .ca website that is using the same name with similar content... which is causing confusion...

    I have been reviewing the admin rights given to CIRA in the following url
    http://www.iana.org/reports/ca-report-01dec00.htm

    Also checked out the policies... http://www.cira.ca/en/cat_Dpr.html

    Not sure if a .com has the right to go after a .ca? Any insight on this...

  2. #2
    Do you mean if a trademark holder who has the .com goes after the .ca registrant?
    It's definitely possible if that's the case, though what method and jurisdiction will
    be utilized is another story.

    CIRA has its own dispute resolution process as you posted, which many will likely
    go for as a matter of convenience.

    On the side, I remember reading such a case. I'll see if I can find that link.

  3. #3
    Yah... the .com is actually based in Canada... and been around since 1998... the .CA came about in 2005... both registrars for each domain are in Canada... so the jurisdiction would be Canada...

    Going on common law basis... and the .CA content is way to similar...

    Just don't know if the .com has the authority to have them stop .CA...

    definetly appreciate the link in advance... if you find it...

  4. #4
    Join Date
    Jul 2001
    Location
    Canada
    Posts
    1,284
    Actually the .CA rules are a bit stiffer than ICANN's. WHat is relevant is not the site content but whether the domain name constitutes a trademark/servicemark. If so using the same name on a similar service with a different tld cnstitutes trademark dilution and is challengeable.
    "Obsolesence is just a lack of imagination."

  5. #5
    Quote Originally Posted by spiceman
    Just don't know if the .com has the authority to have them stop .CA...
    Let's not get confusing here. The .com Registry has no authority
    to do anything with a .ca domain name and vice versa, nor are
    there any agreements between the 2.

    On the side, I finally found the link. Enjoy.

    http://www.cira.ca/en/dpr-decisions/...ecision_en.pdf

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