Canadian.biz Domain Decision Appealed

As reportedin the last issue of E-TIPS, the National Arbitration Forum ("NAF") recently ordered that the domain name Canadian.biz be transferred to Molson Canada, owners of the trademark "Canadian". This decision has lead to an appeal by the registrant of the domain name to the Ontario Superior Court. The dispute over the domain name began when Molson Canada submitted a Start-up Trademark Opposition Policy ("STOP") complaint to the NAF. The panellist hearing the STOP complaint determined that Molson Canada hadtrademark rights in the word "Canadian", and that the registrant had not demonstrated any rights or interests in the mark. The registrant refused to transfer the name to Molson Canada after the NAF decision, and began the appeal based on the claim that Canadian.biz is a generic domain name capable of a multitude of uses. For more information please see the E-TIPS summary of the original decision in the July 4th issue of E-TIPS. For a copy of the NAF decision, visit: http://www.arb-forum.com/domains/decisions/112451.htm.