Domain name

How BC law treats it

There is no BC domain name legislation. A domain name is held under a registration agreement with a registrar and the registry's policies, not owned like land or goods. The Canadian Internet Registration Authority (CIRA) administers .ca names and requires registrants to meet its Canadian presence requirements. Generic top level domains, such as .com, are governed by policies set by ICANN. Canada has no anti-cybersquatting statute like the US one. A trademark owner facing a bad faith registration can file a complaint under the CIRA Domain Name Dispute Resolution Policy (CDRP) for .ca names, or the Uniform Domain-Name Dispute-Resolution Policy (UDRP) for generic domains. UDRP complaints are filed with ICANN approved providers, such as the WIPO Arbitration and Mediation Center, not with ICANN itself. These procedures are fast and paper based, and the only remedies are transfer or cancellation of the domain. A court action can add damages or an injunction. Under the Trademarks Act, a business can sue for passing off (s. 7), infringement of a registered trademark (s. 20) or depreciation of goodwill (s. 22), in the Federal Court or the BC Supreme Court. Registering a trademark first strengthens these claims. Because domains are contractual rights, they are transferred by changing the registrant with the registrar, and they should be listed and transferred expressly in an asset purchase or share deal.

What it means for your business

A company's domain is central to its brand, email and online sales. If a founder, web developer or marketing agency registered it in their own name, the business may lose control when the relationship ends. Registering domains in the company's name, keeping renewal and login details current, and protecting the brand with trademarks make it easier to stop copycats and to sell the business. Example: A Vancouver clothing brand discovers a former contractor registered its .ca domain personally and refuses to transfer it. The company relies on its registered trademark and the contractor's bad faith to bring a CDRP complaint and obtains a transfer.

Risks and common mistakes

Letting a developer or agency register the company's domain in their own name. Missing renewal notices because they go to a former employee's email. Assuming a business name registration or incorporation gives rights to a matching domain. Filing a dispute without evidence of bad faith or prior trademark rights. Leaving domains out of the asset schedule when buying or selling a business.