CIRA refuses to transfer emusic.ca.... - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**garyrcanuck** · 02-11-2009, 02:28 PM

If this article has been previosly posted I apologize

Feb/10/09| CIRA Refuses to Transfer 'emusic.ca' to EMusic

In the recent case of EMusic.com Inc, v Mogual Arts Inc.

In the recent case of EMusic.com Inc. v Mogul Arts Inc. (Nov.2008), the Canadian Internet Registration Authority (CIRA) panel refused to order the transfer of ‘emusic.ca’ to the Complainant, EMusic.com on grounds that it failed to demonstrate that the domain was registered in bad faith. EMusic.com (“Complainant”), a U.S. based operator of an online music store since 1985, is the owner of the domain ‘emusic.com’. It has also owned the Canadian trademark ‘EMUSIC’ since in 1999. The registrant of the domain in question, Mogul Arts Inc., (“Mogul”) registered the domain ‘emusic.ca’ in 2001 under CIRA, after the launch of the Complainant’s website and filing date of the trademark but prior to its trademark registration date. Mogul Arts Inc. used the domain as an active web site intermittently from 2001 to 2007.

The CIRA panel found that the Complainant had met all of the elements as required by the Canadian Domain Name Dispute Resolution Policy (CDRP). It held that that Mogul had no legitimate interest in the domain name in question and the domain was in fact confusingly similar to that of the Complainant. However, the Complainant failed to establish the third requirement of bad faith. The CIRA policy defines a bad faith registration as a domain name registration made for the purpose of sale to someone who has rights to a trademark that is confusingly similar to the domain name; to prevent someone who has rights to a trademark from registering it as a dot-ca domain name; and/or to disrupt the business of a competitor who has rights to a trade-mark or trade name. The Panel noted that Mogul Arts had refused to sell the domain name to the Complainant at any price, despite an offer to buy the domain for $500. Furthermore, there was no evidence that Mogul Arts knew of the Complainant or its online music business at the time of registering the domain name. Lastly, the EMUSIC mark was not registered as a trademark in Canada and the expression ‘emusic’ was generic and could belong to anyone.

**TheLegendaryJP** · 02-11-2009, 02:42 PM

Wait they said EMUSIC was not a registered tm in Canada, yet above it says they held the mark since 99?

02-11-2009, 02:28 PM	#1 (permalink)
garyrcanuck Exclusive Lifetime Member Name: Gary R Campbell Last Online: 11-15-2009 09:30 PM iTrader: (28) Join Date: Jul 2006 Posts: 478 DNF$: 744 Location: VancouverIsland Country:	CIRA refuses to transfer emusic.ca.... If this article has been previosly posted I apologize Feb/10/09\| CIRA Refuses to Transfer 'emusic.ca' to EMusic In the recent case of EMusic.com Inc, v Mogual Arts Inc. In the recent case of EMusic.com Inc. v Mogul Arts Inc. (Nov.2008), the Canadian Internet Registration Authority (CIRA) panel refused to order the transfer of ‘emusic.ca’ to the Complainant, EMusic.com on grounds that it failed to demonstrate that the domain was registered in bad faith. EMusic.com (“Complainant”), a U.S. based operator of an online music store since 1985, is the owner of the domain ‘emusic.com’. It has also owned the Canadian trademark ‘EMUSIC’ since in 1999. The registrant of the domain in question, Mogul Arts Inc., (“Mogul”) registered the domain ‘emusic.ca’ in 2001 under CIRA, after the launch of the Complainant’s website and filing date of the trademark but prior to its trademark registration date. Mogul Arts Inc. used the domain as an active web site intermittently from 2001 to 2007. The CIRA panel found that the Complainant had met all of the elements as required by the Canadian Domain Name Dispute Resolution Policy (CDRP). It held that that Mogul had no legitimate interest in the domain name in question and the domain was in fact confusingly similar to that of the Complainant. However, the Complainant failed to establish the third requirement of bad faith. The CIRA policy defines a bad faith registration as a domain name registration made for the purpose of sale to someone who has rights to a trademark that is confusingly similar to the domain name; to prevent someone who has rights to a trademark from registering it as a dot-ca domain name; and/or to disrupt the business of a competitor who has rights to a trade-mark or trade name. The Panel noted that Mogul Arts had refused to sell the domain name to the Complainant at any price, despite an offer to buy the domain for $500. Furthermore, there was no evidence that Mogul Arts knew of the Complainant or its online music business at the time of registering the domain name. Lastly, the EMUSIC mark was not registered as a trademark in Canada and the expression ‘emusic’ was generic and could belong to anyone. __________________ OnlyPremiumDomains.com,CollateralDomains.com,DNDom ainers.com,PandemicH1N1.org,WoodPellet.ca,VirusH1N 1.ca

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02-11-2009, 02:42 PM	#2 (permalink)
TheLegendaryJP Last Online: Today 01:07 AM iTrader: (35) Join Date: Jul 2005 Posts: 3,165 DNF$: 6,332 Country:	Wait they said EMUSIC was not a registered tm in Canada, yet above it says they held the mark since 99?

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