Recent Case Notes & Commentary

Tucows.com Co v. Interex Corporate Registration Services Inc.

Common Law trademark.Tucows.com Co v. Interex Corporate Registration Services Inc.

Resolution Canada Case No. 1148, April 11, 2014


Tucows, the well-known domain name registrar that operates through resellers could not prove a registered trademark but was able to establish a common law trademark which sufficed. The domain name (tucowsreseller.ca) was confusingly similar with the trademark, consistent with Carey International, Inc. v. Fabio Simonetti , 2013 CIRA 241,(careymontreal.ca), as “The presence of the additional generic word “reseller” will not lessen the likelihood of confusion.” The domain name was for sale with links showing how to effect a purchase and there was therefore an intention to resell within paragraph 3.5(a) of the Policy, which proved bad faith registration. There was no legitimate interest.