QUESTION ONE – MANDATORY QUESTION – 45 MARKS
Dwight Shrewd is a Canadian farmer who registered Farmvillage.ca in 2006.He has used the site since the registration to sell beets and other vegetables toa global clientele. He is concerned that people are confusing his site with theFarmvillage.com site. This has resulted in increased traffic (leading to higher bandwidth costs from his ISP) but no evidence of increased sales.
Please advise Dwight on whether he can use the ICANN UDRP to contest theFarmvillage.com domain name registration. Your answer should explain the keyelements of the policy and assess whether Dwight can successfully mount a case.
Pam Beasel lives in Toronto and has grown increasingly concerned with theamount of time her children spend playing Farmvillage. She is particularlyconcerned with how the game collects personal information and how thecompany may use the information for commercial purposes. Following therecent Facebook decision from the Privacy Commissioner of Canada, Pamfiled a complaint with the Privacy Commissioner over Yourdata’s privacy practices.