
In Mold.ca Inc., a
domain dispute arose as a result of a failed business partnership between Mr. S
and Mr. D. The domain names in dispute were purchased by Mr. S in his name with
monies provided by Mr.D. Subsequently,
when the business was failing, without Mr. D’s consent, Mr. S transferred the
domain names to a third party, Mr. R.
Mr. D commenced a CDRP against Mr. R but was not able to establish ‘bad
faith’ against him. Sometime after the CDRP, Mr. R transferred the domain names
back to Mr. S. Justice Corbett found the domain names were personal property
and ordered them returned to the business.
This case demonstrates that there are options to parties
whose domain names have been wrongfully taken despite the inability to meet the
high threshold of evidence required to prove ‘bad faith’ in a CDRP proceeding.
By Scott Miller and Kamaldeep Sembi
By Scott Miller and Kamaldeep Sembi