Case #2: Easthaven v. Nutrisystem (2002) 55 O.R. (3d) 334, 202 D.L.R. (4th) 560 (Ont. S.C.J.)

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.

Plaintiff's Argument:

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Defense's Argument:

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Risk Mitigation (Defense):

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