For Sale Nice .ca sale

[theinvestor]

The reason this dispute bothers me is not because of the outcome but more so because of how he disputed it.

I am not sure why he made things more complicated and why he didn't follow CIRA process and actually submit a response properly.

The way he responded to CIRA as well as TM holder was very childish. I believe this is what caused the dispute quickly. If he was smart about it i am sure he could have defended his rights properly.

Either way i believe every domainer should read this report. I also think CIRA really does rely on your portfolio of holdings to determine bad faith. So those that have TM's in their portfolio may want to clean them up.

 

[grcorp]

Either way i believe every domainer should read this report. I also think CIRA really does rely on your portfolio of holdings to determine bad faith. So those that have TM's in their portfolio may want to clean them up.

Much agreed. As I had said, there's no doubt that UFC.ca could have sold for big money. So it would have been worth the few hundred dollars to form a corporation for the sole purpose of holding the name, thereby not implicating your other TM typo domains as part of your "strategy".

That, along with using the name to promote UFC's products, not to mention his poorly written response all contributed to his downfall.

Any money he might have gained from the affiliate programs would have been dwarfed by the amount of money he could make them cough up.

 

[hugegrowth]

Interesting proceeding for sure, a good read.

 

[DropWizard.com]

So much of this loss is tied up in the fact the respondent behaved like an idiot. He is also an obvious moron with all those typo domains registered.

I don't have much time so here goes.
1/ the tm does NOT cover ticket sales. It was obviously intended to cover PPV shows and spin off merchandis etc in canada.
2/ The finding of bad faith. The adjudicator assumes that ufc was well known in canada in 2007. That isn't so. Even in martial arts which I've done for years people were just starting to talk about the fights on TV by 2007. And they were specialty channels as I recall. The average canadian that has no interest in fighting wouldn't be aware of it. He's looking backwards with a viewpoint of how popular the sport it today and makes an assumption about 2007 and he's dead wrong. They didn't even open an office in canada till may 2010 and started shows here. What shows did go on in martial arts competitions are held by a variety of companies and there was nothing special about ufc compared to anyone else back in those days.
3/ In my opinion (and I never saw the website) if he had a direct link to the ticket sales that was stupid! But if the page was ppc then I believe the defense lies with the advertiser being required to supervise their advertisers. For the last few years we've had the ability to block certain websites from showing ads. As a website owner I have no control over advertisers or their many affiliates. Most of them now have exclusion lists and it should be incumbent upon them to exclude any (similiar) domain that they don't have rights to. In fact by failing to exclude and causing a tm violating ad to show on my site they have violated my common law rights to a generic domain.

All in all I think it was a defensible case if he'd tried.