The Canadian Internet Registration Authority ("CIRA") has published a series of proposed changes to the CIRA Domain Name Dispute Resolution Policy ("CDRP") based upon the results of a public consultation held in the summer of 2010. CIRA announced that it will be implementing a number changes to the CDRP Policy. The draft revised CDRP Policy is available here.
Changes to the CDRP Policy.
- Definitions of "rights" and "use" of a trademark removed – CIRA will remove the provisions relating to "rights" and use" of a mark from the CDRP Policy. This will remove what had developed as overly technical and complex requirements in terms of what rights qualify for protection, and will bring the CDRP in line with the Uniform Doman Name Dispute Resolution Policy ("UDRP") and other major ccTLD registries.
- Clarification of the "confusingly similar" test – The CDRP Policy clarifies that when determining if a domain name is "confusingly similar" to a mark, the narrow resemblance test should be applied and not the broader traditional test for confusion from trademark law. This is consistent with the majority of Panelists in CDRP decisions.
- Bad faith/legitimate interest to be non-exhaustive – The list of bad faith and legitimate interest factors will now be non-exhaustive. This will bring the CDRP in line with the UDRP approach.
- Bad faith factor of commercial gain included – The bad faith factor for use of a domain name for commercial gain will be explicitly added to the CDRP Policy. This factor has been recognized by CDRP Panelists and is an enumerated factor in the UDRP Policy.
- No requirement to use generic domain names – The requirement to use generic domain names in order to establish legitimate interest will be eliminated.
- Clarification of date of registration – The "date of registration" has been clarified to specify it is the date the domain name was registered by the registrant or a predecessor-in-title. This is important in determining the date by which the complainant must have had prior rights.
- Shortening of the implementation period – The delay to implementing CDRP decisions has been reduced from 60 days to 30 days.
- Electronic filing – Electronic submissions will be required after a one year phase-in period.
- Transfers of domains to facilitate settlements – Language will be introduced to provide circumstances in which CIRA may transfer a domain name to the complainant while a dispute is still ongoing, which was not previously permitted.
Proposed changes to CDRP rules. In addition, CIRA is proposing procedural changes to the CDRP Rules and is seeking further input on these amendments by April 29, 2011. The proposed amendments would introduce a stage gated CDRP process that separates payment of Dispute Resolution Provider fees and Panelist fees, and separates delivery of the initial complaint from the actual submissions. If the registrant fails to respond or indicates that it does not contest the matter, the case will proceed with only a single member panel, and the complainant will have the option of receiving a full decision with detailed reasons or a less expensive summary decision without detailed reasons. The draft revised CDRP Rules are available here.
The following links provide CIRA's list of changes to the CDRP that (1) will be implemented, (2) will not be implemented, and (3) require under further consultation.
Our articles and newsletters are informational only, and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.