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GoDaddy service : Good idea to purchase GoDaddy?? Federal Court Rules For Descriptive Domains

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Further to Patrick's thread, for which I thank him, and Frank Schilling's Blog comments, for which I thank him too, I was the attorney who succesffuly represented the /img/avatar7.jpg of cheaptickets.ca.

Below is the press release which details the story. You can also read the decision at DNattorney.com.

Zak Muscovitch.

TORONTO, March 9 /CNW/ - The Federal Court of Canada has ruled that.

Everyone has the right to sell "Cheap Tickets". In ruling that two registered.

Trademarks, "Cheap Tickets" and "Cheap Tickets and Travel", should be struck.

From the trademarks registry, The Honourable Justice Barry Strayer decided.

That no one should have the monopoly over describing their tickets as "cheap"..

Montreal-based Internet developer, Emall.ca Inc., had taken.

Victoria-based travel agency, Cheap Tickets and Travel Inc. to Federal Court.

To strike it's registered trademarks. The lawsuit was in response to the travel.

Agency's previous attempts to force Emall.ca Inc. to turn over it's domain.

Name, CheapTickets.ca. The travel agency had unsuccessfully complained to the.

Canadian Internet Registration Authority, and then sued Emall.ca Inc. for.

Trademark infringement in British Columbia..

Peter Maxymych, the President of Emall.ca Inc. said, "This is a victory.

For every business person in Canada. Everyone should have the right to.

Accurately describe what they are offering. I am thankful that the Judge.

Agreed and ordered that the travel agency's trademarks be struck from the.

Registry so that it does not enjoy an unfair monopoly.".

In his written decision released this week, Justice Strayer said that the.

Travel agency admitted that it used "Cheap Tickets" and "Cheap Tickets and.

Travel" descriptively of the services that it provided, and that, "In effect.

These combinations are withdrawn from use in the commercial world in Canada by.

Anyone other than the Respondent. I do not believe this should be permitted.

Because I am satisfied that these trademarks are clearly descriptive.".

Harold Simpkins, Vice-President of Marketing at Emall.ca Inc., and a.

Professor of Marketing at Concordia University, said "Of course everyone has.

The right to describe the good or services that they are selling. It would.

Turn the commercial world on it's head if only one company could describe their.

Tickets as "cheap". In fact, all you have to do is look on Google to see that.

Air Canada, Sears, and Expedia all offer "cheap tickets" in Internet.

Advertising, so there is no reason why just one company should have the.

Exclusive right to do so.".

Internet lawyer, Zak Muscovitch, who successfully represented Emall.ca.

Inc., said "This dispute started off with the travel agency claiming that they.

Had a right to my client's domain name, CheapTickets.ca, because they had.

Registered trademarks. The dispute has ended with my client rightfully keeping.

Its domain name, and the travel agency losing it's registered trademarks. They.

Should never have been issued them in the first place. This is a lesson for.

Overreaching trademark /img/avatar7.jpgs. We are ecstatic about the decision. Justice was.

Definitely served.".

Descriptive domain names have become extraordinarily valuable with the.

Explosive growth of the pay-per-click internet advertising revenue model..

Accordingly, registrants of good descriptive domain names tend to fiercely.

Resist challenges to their registration. Emall.ca Inc. is a pioneer in the.

Registration of .ca domain names, and recently sold nearly four hundred of its.

Generic .ca domain names to the Yellow Pages Group for 2.5 million dollars..

Said Mr. Maxymych, "We have collected the best .ca domain name portfolio in.

The country and we see a very bright future for .ca domain names as Internet.

Advertising continues to grow so dramatically.".

For further information: Peter Maxymych, President, Emall.ca Inc., (514).

844-3332, (for a copy of the.

Decision)..

Comments (7)

Congratulations on the successful case, Zak. That's an amazing victory for the domain holder. Welcome to NP!..

Comment #1

Thanks RJ! It's a real pleasure to participate in this community as domainers are the only ones who can truly appreciate the fights that I fight. Anyone who has ever gotten a cease and desist letter from a huge firm representing an ever huger company knows how tough it is to fight trademark owners. It has been really nice to see the kind words of appreciation from NamePros members.

Best Regards,.

Zak..

Comment #2

Congratulations on your victory Zak!.

And welcome to the forum..

Comment #3

About time you joined the party, Zak. I wonder why you used the current nick.

Instead of your real name at DNF...

Comment #4

MR.Zak Esq.

I like MY headline better:.

"Generic Domain Name Holder Kicks Butt!".

Great job!!!.

Patrick..

Comment #5

Almost forgot to mention. Take note that this occurred in a Canadian Federal.

Court for a .ca domain name, not US.

Even though this dispute was decided accordingly, there's no requirement for.

Other courts in other jurisdictions to see it that way as well, especially if one.

Or so facts were present or absent...

Comment #6

Hi,.

I would just like to make it clear that I was thrilled that Zak made this thread which was an offshoot of my earlier thread:.

"Generic Domain Name Holder Kicks Butt!".

I posted links to the relevant material in that thread as I didn't think it was appropriate for me to copy and paste the actual content from the articles.

Since Zak was a Principle in that legal matter he so graciously posted the content from one of my links.

My comment that I liked my headline better was meant to be humorous. I in no way felt Zak was "stepping" on my thread.

As far as I am concerned there was no etiquette faux pas.

I applaud Zak's contribution and hope it is just the first of much more to come.

Regards,.

Patrick..

Comment #7


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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