Canadian Geographic Generic Names

[Deleted member 70408]

What do you guys think the risk in owning Canadian geographic domain names in light of WIPO Case No. D2006-0163 - where AlbertaCanada.com was in dispute? The Complaintant was the Canadian government, and the name was ordered to be transfered to the government.

(http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0163.html)

The Panel has no doubt that Respondent registered the disputed domain name in bad faith, namely with the intent to attract, for commercial gain, Internet users to its website. Furthermore, by using the disputed domain name Respondent has also created a likelihood of confusion with Complainant’s mark as to the source, affiliation or endorsement of Respondent’s website. In this regard the Panel accepts that as the terms “Canada Alberta” and “Alberta-Canada” enjoy trademark protection in Canada which prohibits the adoption and use of the terms by others, part of the public can be misled into thinking that there may be an association, affiliation or endorsement of Respondent’s website and Complainant. Respondent had no reasonable grounds to believe that the registration and use of <albertacanada.com> in order to redirect Internet users to its company website having no connection whatsoever with the Canadian Province of Alberta was fair use or otherwise lawful.