Who owns the Domain Name.ca?

The Canadian Dispute Resolution Policy (CDRP) has drafted procedural rules to resolve disputes among claimants for their domain names.ca. The process calls for quick adjudication of all disputes in a cost effective manner. If either party is not satisfied with the CDRP's resolution they may launch a court action. A complaint may be filed against an individual or company if a disputed domain name could be confused with a registered trademark which the complainant has an interest in.

1) It must be demonstrated by the complainant that the domain resembles their mark in appearance, sound or concept 2) The domain name was purchased in bad faith: - The name was purchased primarily to resell to the complainant or his competitor. -The domain was registered by the competition to prevent the complainant from using it or disrupting the complainant's business Once the complainant has proven any of the above it is then up to the registrant to prove they have a legitimate interest in the name. If the registrant proves he has legitimate interest he is entitled to keep the domain name.

The benefits of the Canadian approach are: 1) Standards are more clearly defined leaving less room for interpretation by arbitrators. 2) The CDRP places onus on the respondents to prove their legitimate interest to a domain name. 3) Free speech is protected as the CDRP provides for use of domain names as a source of good faith criticism. Rules unique to CDRP allows a dispute to be resolved by a 3 member panel and the process paid for by the complainants.

If a complainant commence an action in bad faith they may have to pay the respondents up to $5000 to cover costs. Complainants must be residents of Canada and can carry out actions in either French or English.