DomainReport.ca - With thanks to Amanda Hall from Sedo's Legal Team, here is the story of the domain emusic.ca, and the dispute between emusic.com and Mogul Arts Inc.
In the recent case of EMusic.com Inc. v Mogul Arts Inc. (Nov.2008), the Canadian Internet Registration Authority (CIRA) panel refused to order the transfer of emusic.ca to the Complainant, EMusic.com on grounds that it failed to demonstrate that the domain was registered in bad faith.
EMusic.com (“Complainant”), a U.S. based operator of an online music store since 1985, is the owner of the domain ‘emusic.com’. It has also owned the Canadian trademark ‘EMUSIC’ since in 1999. The registrant of the domain in question, Mogul Arts Inc., (“Mogul”) registered the domain ‘emusic.ca’ in 2001 under CIRA, after the launch of the Complainant’s website and filing date of the trademark but prior to its trademark registration date. Mogul Arts Inc. used the domain as an active web site intermittently from 2001 to 2007.
The Complainant failed to establish the third requirement of bad faith. The Panel noted that Mogul Arts had refused to sell the domain name to the Complainant at any price, despite an offer to buy the domain for $500. Furthermore, there was no evidence that Mogul Arts knew of the Complainant or its online music business at the time of registering the domain name.
Please click here to read the full story at Sedo.com