BuyEvenMoreStuff Inc is a company incorporated under the laws of Minnesota. It is also the registered owner
Question:
BuyEvenMoreStuff Inc is a company incorporated under the laws of Minnesota. It is also the registered owner of several Canadian trademarks, including Hire-a-Dweeb®, DweebCity®, DweebMobile®, and DweebsforHire®.These trademarks, which have been held for nearly 10 years, are part of a famous brand campaign for a housecall service for people in need of computer support. A subsidiary company known as BuyEvenMoreStuff Canada Ltd, a national supplier of electronics products, holds an exclusive licence to use these trademarks in Canada. When the Canadian company decided to start advertising its computer help services online, it learned that its preferred dot-ca domain name, dweebs4hire.ca, had been registered two years earlier by a small company operating in Saskatoon known locally as Hire-a-Dweeb. The Saskatchewan-based business also provides computer help and has been advertising its services for the past year on a website registered under the domain name dweebs4hire.ca. After finding the contact information of the registrant by way of a WHOIS search, the national marketing manager for the big box store phoned the registrant and was told by the owner of the Saskatchewan business that she was a former employee of BuyEvenMoreStuff Canada. During the discussion, the registrant proclaimed that she was not a cybersquatter because she legitimately registered the domain name first and because she had no intention of selling the domain name to anyone for any price.
Does BuyEvenMoreStuff have a claim against the registrant that is likely to succeed? What remedy would you advise, and how should the electronics supplier go about getting it?
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0133847154
5th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer