Legal Question in Business Law in Canada

domain names
if a usa company has a dot com domain name, can they stop a canadian person using that same domain name, but with that same name registered in canada as dot ca?
the usa company used to have that company name trademarked in canada, but it expunged a few years ago.
They do not operate their business in canada.

Asked on 3/09/07, 11:03 am

Robert Brouillette Brouillette & Partners

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Re: domain names

The short answer is probably not. The complete answer would require a detailed review of the facts.

The applicable legal test is: Is your domain name likely to cause confusion with the Canadian trademark rights of another?

However, trademark confusion issues are highly dependent on the surrounding facts.

Regards,

Robert Brouillette

http://www.brouillette.ca/brouillette/site/employe/view.do?id=583bffad07de38070107de7b3f3b0028

Answered on 3/09/07, 12:10 pm

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