Remedies Available Under The CIRA Dispute Resolution Policy
By Eric Macramalla
Transfer or Cancellation
The CIRA Domain Name Dispute Resolution Policy ("CDRP") provides for the cancellation or transfer of the disputed domain name should the complainant trade-mark ("Complainant") owner establish that a domain name was registered in bad faith. In a case where the Complainant does not fulfill a Canadian Presence Requirement, the domain name may be transferred to a Nominee of the Complainant, who itself must satisfy a Canadian Presence Requirement. From a reading of the CDRP, it is unclear what, if any, relationship the Nominee must have with the Complainant or to the domain name.
Reverse Domain Name Hijacking
If the Registrant is successful in defeating the Complainant's claim of bad faith, and the Registrant proves on a balance of probabilities that the Complaint was commenced by the Complainant for the purpose of attempting unfairly and without colour of right to obtain the transfer of the domain name, the Panel may order the Complainant to pay the Registrant an amount of up to CDN$5,000 to defray the costs incurred by the Registrant in preparing and filing material in the proceeding. Relying on valid trade-mark or trade name rights has been held to be sufficient to defeat a claim of reverse domain name hijacking.