Legal Question in Technology Law in Canada
internet law
if a company has a trademark in the usa, can they stop you from having an internet website with the same name, but with a dot ca website instead of a dot com website?
the trademark is not registered in canada.
Asked on 3/07/07, 3:16 pm
1 Answer from Attorneys
Robert Brouillette
Brouillette & Partners
Re: internet law
It depends on whether the US company has used its trademark in Canada or not. Indeed, Canadian trademark rights are acquired by use rather than registration.
The owner of a Canadian trademark can indeed prevent a third party from adopting the trademark as a domain name for use in the same field.
Please contact me if you need clarifications:
http://www.brouillette.ca/brouillette/site/employe/view.do?id=583bffad07de38070107de7b3f3b0028
Answered on 3/07/07, 3:27 pm
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