got C&D from company

[Canadian]

so, there is company.com, and I have company.ca pointing to an affiliate link of company.com.

got a c&d today to turn the domain over from the company, not a lawyer.

- The company is American, how can they get the .ca?

- What to do?

 

[stewie]

too many missing details to give advice... and remember anything you type here can't be edited so be careful.

 

[draggar]

Does the company have a presence in Canada?

 

[Chuck]

Does the company have a presence in Canada?

It's possible they figured if that's all it would take to snag the domain away from you, a little intimidation, they'd give it a try. I've seen this before and then no further follow up at all. Of course depending on the rest of the details, it could just be the beginning of a legal fight on their part.

 

[TheLegendaryJP]

If you want to defend it call Zak Muscovitch in Toronto muscovitch.com . Great domain lawyer, not new to fight .ca complaints. That is again only if you wish to fight it.

 

[stewie]

If you want to defend it call Zak Muscovitch in Toronto muscovitch.com . Great domain lawyer, not new to fight .ca complaints. That is again only if you wish to fight it.

I agree and with the all the details he would be able to make a more qualified decision.


goodluck

 

[EnricoSchaefer]

They probably have on-line business in Canada if they have a web site. There are more interesting issues here like whether you knew of the trademark before registering your domain and whether you have other defenses to a potential UDRP proceeding. Your link to an affiliate program for company.com could put you in a difficult position. If they have no legitimate claim, you might be able to make the point and see if they want to pay full value for the domain.

Here are some links on trademark, domain name and reseller issues.

Trademark Holders Beware: First In Time, First In Right Still Has Weight When It Comes to Domain Name Registrations

Domain Dispute Arbitration Panel Finds Authorize.net Waived Rights to Complain of Trademark Infringement After Over 10 Years of Use

 

[hugegrowth]

If you think you have a case contact a lawyer, or even just to get their opinion.

Using the domain to point to their affiliate link doesn't look good, because it gives the impression that you are the company to anyone typing in the domain.

Even if it's a US company they could have a Canadian presence or office, which is all they need to own a .ca. If they don't, it's an easy thing for them to set up.

With only the details you've given, my gut feeling is that they would have a good case against you.

If you were using the domain for something unrelated to the company that would have been better for you.

 

[acronym007]

You might want to consider giving them the domain also. Why? From the details we have one might also attach bad faith to the use of this domain. I'm no lawyer but it sounds like an uphill battle when you see that you were using the domain in way that is very suspect, i.e. company name = affiliate link, might confuse their consumers and dilute their name locally as well as abroad.

 

[Dave Zan]

Canadian, does your affiliate agreement say anything about not registering any
domain name bearing their trademark, if any?