Legal help for businesses and registrants facing domain-name disputes. If someone registers a domain similar to your brand, or you receive a complaint about a domain you use, Soundmark Law can assess the evidence and help you choose a response. We start with the exact domain, the registration history and the deadline.
Which domain-name policy applies?
For a .ca domain, the administrative process for eligible disputes is set out in the CIRA Domain Name Dispute Resolution Policy (CDRP). The policy considers whether the domain is confusingly similar to a mark in which the complainant had rights before registration and still has rights, whether the domain was registered in bad faith, and whether the registrant has a legitimate interest. The complainant generally has to meet CIRA’s Canadian Presence Requirements, subject to an exception for the owner of a Canadian registered trademark to which the complaint relates.
For .com and other extensions that follow ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), the complainant must show that the domain is identical or confusingly similar to a mark in which the complainant has rights, that the registrant lacks rights or legitimate interests, and that the domain was registered and is being used in bad faith. The domain ending and applicable policy help determine the available options.
What to preserve before you respond
- Record the exact domain, registration and transfer dates, and any notice, correspondence or stated response deadline.
- Save screenshots and URLs of the site and any redirects, sale offers, emails or public listings connected with the domain.
- Gather dated records of trademark use, the domain’s purchase or registration, legitimate business use and any dealings between the parties.
What an initial review can cover
We can identify the applicable procedure, assess the documents and explain whether a complaint, response, negotiated resolution or court advice is worth considering. A domain policy proceeding principally addresses transfer or cancellation of the registration. If you need damages or a broader remedy, we can assess whether a different route is appropriate. We agree on the scope and fee before substantive work begins.
Published CDRP decision
The panel decision in CIIDRC 24696-CDRP identifies Abhi Ranade as the registrant’s authorized representative who filed the response. See Abhi’s related article on trademark rights and the timing of domain registration.
Talk through the next step
The free call is for fit and scope. Bring the domain, a short timeline and any known deadline. Keep sensitive records private until we confirm how to share them. For advice on the trademark rights behind a domain dispute, see our trademark and copyright services. Booking a call does not retain the firm or extend a deadline.
