Perhaps because they are intangible assets, many organizations overlook and fail to protect domain names. Domain names provide powerful opportunities to be used proactively as a branding sword. Domain name registration and maintenance can also act as a shield to protect trademarks and prevent bad actors from causing reputational damage and extorting the organization.
The words “force majeure” do not appear in the Canadian Trademarks Act. However, at least three provisions now afford trademark owners and the Registrar of Trademarks some flexibility in addressing the effects of so-called “acts of God” under Canadian law—events beyond a party’s control which make performance of their obligations impossible. The relevant provisions:
The last 12 months have been an exciting time in Canadian trademark law. In June 2019, the most significant changes in decades were implemented to Canada's Trademarks Act and Trademarks Regulations.