Can I use CIRA's dispute policy to get a look-alike .ca name deleted or transferred?

What is the CIRA Domain Name Dispute Resolution Policy?

Please note that CIRA will only suspend or delete a domain name in response to a Canadian Court Order or judgment that explicitly orders CIRA to take specific action.

It is the policy CIRA publishes for disputes over .ca names. It is built for bad faith registrations, such as a name that copies the name of your firm.

The person who complains must meet CIRA's Canadian Presence Requirements for the name, unless the complaint relates to a trade-mark registered in the Canadian Intellectual Property Office and the complainant owns that trade-mark.

What must a complainant show?

the Registrant's dot-ca domain name is Confusingly Similar to a Mark in which the Complainant had Rights prior to the date of registration of the domain name and continues to have such Rights; the Registrant has no legitimate interest in the domain name as described in paragraph 3.4; and the Registrant has registered the domain name in bad faith as described in paragraph 3.5.

To succeed, the complainant must prove, on a balance of probabilities, that the .ca name is confusingly similar to a mark in which the complainant had rights before the name was registered, and that the holder registered it in bad faith.

The complainant must also provide some evidence that the holder has no legitimate interest in the name.

Even if the complainant shows its part, the holder of the name still wins if the holder shows, on a balance of probabilities, a legitimate interest in the name as the policy describes it.

What is the remedy?

If the Panel decides in favour of the Complainant, the Panel will decide whether the Registration should be deleted or transferred to the Complainant.

If the panel decides in favour of the complainant, it decides whether the registration should be deleted or transferred to the complainant.

Who hears the case?

All Proceedings will be administered by a dispute resolution service provider approved by CIRA (the "Provider").

Every case is administered by a dispute resolution service provider approved by CIRA.

CIRA does not take part in a case beyond what the policy sets out.

CIRA itself will only suspend or delete a domain name in response to a Canadian court order or judgment that explicitly orders it to take specific action.

What do I do about a .ca look-alike?

The person initiating a Proceeding (the "Complainant") must, at the time of submitting a complaint (the "Complaint"), satisfy the Canadian Presence Requirements for Registrants (the "CPR") in respect of the domain name that is the subject of the Proceeding unless the Complaint relates to a trade-mark registered in the Canadian Intellectual Property Office ("CIPO") and the Complainant is the owner of the trade-mark.

1. Write down the look-alike name, the date you saw it and what it does.
2. Gather evidence of your own rights in your firm's name, such as a registered trade-mark.
3. Check whether you meet the Canadian Presence Requirements for the name before you file.
4. Read the policy's bad faith examples at paragraph 3.5 and match your evidence to them.
5. Choose a provider approved by CIRA and file your complaint with it.