In addition to trade-mark infringement, passing off, depreciation of goodwill, bad faith domain name registration and the tort of interference with economic interests, your actions constitute a breach of Section 7(b) of the Trade-marks Act which provides:
7. No person shall
(b) direct public attention to his wares, services, or business in such
a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his wares, services or business and the wares, services or business or another.
Let’s do a nice whois search on the mikerosoft domains currently available :
Domain Name: MIKEROSOFT.COM
Administrative Contact, Technical Contact:
Rouleau, Mike (MR535) Contact@digilante.com
H.Y. Louie Co. Ltd.
Registrar Name…: Register.com
Registrar Whois…: whois.register.com
Registrar Homepage: http://www.register.com
Domain Name: MIKEROSOFT.NET
Domain Name: MIKEROSOFT.BIZ
Domain ID: D1268098-BIZ
Sponsoring Registrar: DOTSTER
Domain Status: ok
Registrant ID: DOTC-XDKPAM
Registrant Name: Michael Beltrami
Registrant Address1: 160 Kelly St.
Registrant City: Elk Grove Village
Created On:26-Mar-2002 01:42:04 UTC
Expiration Date:26-Mar-2004 01:42:04 UTC
Registrant Name:Michael Price
Registrant Organization:Michael Price
Whoa… wait a minute… Microsoft has a problem with Mikerosoft.ca , but stays away from :
Very very weird…
This is the culprit : likely to cause confusion in Canada
The thing is now… who has gotta prove if Mikerosoft.ca confuses people with microsoft.ca. You , or Microsoft ?
My advice ?
Buy one of the following (still available !) domains :
mikerosoft.tv (recommended. Tuvalu island has little internet laws )
Then transfer your web content to this domain , and change the index.html of mikerosoft.ca to a nice big “Taken over by corporate idiots” banner.
And make sure a gazillion (online and offline) journalists/media/newspapers know about this stupid thing.