I'd like to add a few additional words about Zak Muscovitch, the attorney who represented the respondent in that proceeding.
I have relied exclusively on Zak for any referral requiring a Canadian IP attorney familiar with domain names for several years.
Among Zak's many landmark accomplishments, and the one I consider most impressive, was an action he brought against the Canadian brewer Molson, after a .biz STOP decision ordered transfer of the domain name canadian.biz in connection with Molson's "Canadian" mark for beer.
For those not familiar with the issue, Molson is to Canada what Anheuiser-Busch is to the US. They are the largest Canadian beer brewery. One of their brands of beer is, in fact, "CANADIAN".
Even though it is a highly descriptive word referring to anything else in Canada, Zak's determination to go to bat against that giant company in a Canadian court was a gutsy move, and the court essentially laughed Molson out of the ballpark on preliminary motions.
I have referred two Canadian litigation matters to Zak, and he obtained respectively a favorable judgment and a favorable settlement. One of the matters involved a hi-jacked name recovery, and the other involved a seller who re-neged on a sales contract.
Bear in mind that all of your Tucows domain registration contracts specify that any legal disputes are to be brought in Ontario where Tucows is located, and that's where Zak is.
I receive no compensation, inducement, or other benefit for recommending Zak Muscovitch. I genuinely believe he is a great attorney in this area.
