Archive for January, 2007
« Older Entries |iPhone Trademark Dispute Goes Canadian
Monday, January 29th, 2007
In an update to our January 11, 2007 posting on Apple Computer Inc.’s troubles with it’s proposed iPhone trademark in the U.S. and Canada, Toronto based Comwave Telecom Inc. is continuing with it’s opposition to Apple’s application to register the iPhone mark in Canada on a proposed use basis. Even though Comwave filed its application to register the mark in Canada after Apple did, Comwave claims to have used its iPhone mark in Canada since 2000 in association with local and long distance telephone services and VoIP telephone services. Under Canadian trademark law, it appears to have the upper hand if it can prove its prior use claims.
Comwave is also threatening to go after Cisco for promoting its iPhone products in Canada. However, if Cisco’s claims are true that it has no sales of those products in Canada at this time, Comwave’s threats appear to be more of a shot over the bow.
Posted in Protection & Enforcement, Trade-mark Oppositions | No Comments »
Google’s German Domain Name Kidnapped
Thursday, January 25th, 2007
According to recent reports, Google’s German domain, google.de, was temporarily kidnapped. Unbeknownst to Google, the Internet address of google.de and the page name were transferred to a new ISP. The security measures that were supposed to be in place apparently failed since neither the existing ISP nor the new ISP seems to have conducted the confirmation necessary for change of ownership – such as the service provider that requested the domain name change confirming the indentity of the person/company that requested the transfer.
For .ca domain names, if a change of registrar request is initiated, the Canadian Internet Registration Authority (CIRA), under its general registration rules, will notify the registrant by email of the transfer request and the registrant must confirm or reject the transfer request by linking to the secure web page link provided by CIRA in its email confirmation request. If the registrant rejects the transfer or fails to confirm the transfer request within 7 days of CIRA’s email, the transfer request will be cancelled. So in theory, at least, what happened to google.de shouldn’t be possible with google.ca.
Security measures by registrars must also be bolstered by good management by registrants of their domain names. As mentioned in an earlier post, central management of domains and keeping the administrative contact information current is very important.
Posted in Domain Name Disputes | No Comments »
Glen Breton vs. Scotch Whisky – Round 1
Wednesday, January 24th, 2007
In a follow up to our posting of December 20, 2006, the Trade-marks Opposition Board has now sided with the Nova Scotia distiller of GLEN BRETON whisky. In the Opposition Board’s view, members of the public who purchase GLEN BRETON whisky will not be confused into thinking that they are buying Scotch Whisky. The Scotch Whisky Association has indicated that it will appeal the decision to the Federal Court, so stay tuned for Round 2.
Posted in Foreign Protection, Protection & Enforcement, Trade-mark Oppositions | 2 Comments »