Easthaven Ltd. was a company registered in Barbados with a head office in that country. It registered

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Easthaven Ltd. was a company registered in Barbados with a head office in that country. It registered the domain name of “Sweetsuccess.com” in order to further an internet sports related business. The domain name was registered with Tucows Inc., a company incorporated in Delaware but with a head office in Toronto. Nutrisystem was incorporated in Pennsylvania (with a head office in that state) as a weight loss business and products and trademarks based on the name “Sweet Success”. When they approached Easthaven about the domain name Easthaven offered to sell it to them for US$146,250. They brought a successful action in Pennsylvania asking that court to order that the domain name “sweetsuccess” be transferred to them. The Pennsylvania court sent an order to Tucows to transfer the name to Nutrisystem. In the meantime Easthaven brought this action in the Ontario court for damages against Nutrisystem and an order against Tucows to prevent the transfer of the domain name to Nutrisystem. Do you think the Ontario court should become involved? How could the matter best be handled? How would your answer be affected with the added information that before the action went to trial in Ontario, Tucows reversed their decision to transfer the domain name to Nutrisystem and put it on “Registrar Hold” meaning it could not be used by either party? In response to this Eastahaven withdrew their action against Tucows. This left Nutrisystem the only defendant in the Ontario action.

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