Tuesday, November 24, 2020


The Complainant is Canadian Mortgages Inc., using the common law trademark CMI.  The Domain Name resolved to a pay-per-click website, and was available for sale through a third-party-vendor for $25,000.00USD. The Registrant is Mrs. Kalache, a 72 year old entrepreneur that identified a business opportunity under the name Canadian Math Institute, and purchased the Domain Name (and algebra.ca) on January 31, 2019.  Ms. Kalache obtained a quote for an estimate to develop her website - $305,000.00 and thereafter put her project on hold. The parties were not able to resolve the dispute, despite attempts to do so.  

The Panel was unable to make a finding of bad faith based on the facts given the difficulty of making determinations of truth in summary proceedings.  However, the Panel did not believe that the Registrant sought to unfairly profit from the Complainant's reputation because, in part, holding a domain name, even for resale, consisting of an acronym, can be bona fide and not per se illegitimate. 

You can read the decision here

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