Molson, which obtained a trade mark for the word ‘Canadian’ in 1998, owns hundreds of registered trade marks and pending trademark applications in Canada, the US and at least 100 other countries throughout the world. The company claimed that it has used the ‘Canadian’ trade mark in association with alcoholic beverages since 1959.
The arbitrator found that the domain name is “identical to a trademark in which [Molson] has rights.” According to the decision, Black has no rights or legitimate interests in respect of the domain name.
The arbitrator also found that the registration and use of the domain name “four years after [Molson’s] registration of its trademark and almost 50 years subsequent to [Molson’s] first use of the mark” constitutes bad faith.
Mr Black, a web site developer, said: “I registered this name because I am Canadian and want to develop a Canadian business directory and on-line meeting place for Canadian business people.” He also claimed that the domain name ‘Canadian.biz’ is “clearly generic”. He said he would take the case before the Ontario Superior Court of Justice.