National Hat Day 2025, A Perfect Stage Prop
January 15 is celebrated as National Hat Day, a throwback to a time when no outfit was complete without a hat. By the 1980s hats had become novelties, but on January 15, 2025, they roared back into relevance: Ontario Premier Doug Ford donned a bright blue cap reading “CANADA IS NOT FOR SALE.” The hat, a gift from Ottawa branding agency Jackpine, exploded across social media, and by dawn on January 16, Jackpine’s Shopify store had logged more than 8,000 orders.
A Domain Name Appears, And a Dispute Begins
That same morning, an Ontario resident registered canadaisnotforsalehat.ca, quickly launching an independent online storefront selling hats bearing the same slogan. Jackpine swiftly fired off a complaint under the Canadian Internet Registration Authority’s Domain Name Dispute Resolution Policy (CDRP), requesting the domain be transferred. At this point, I stepped into the fray as counsel for the registrant, tasked with defending his right to the domain.
The CDRP Test, and Why Jackpine Stumbled
Under paragraph 3.1 of the CDRP, a complainant must prove all three elements:[1]
- the domain is confusingly similar to a trademark in which the complainant had rights before the domain was registered;
- the registrant has no legitimate interest;
- the domain was registered in bad faith.
Because the test is conjunctive, failing just one element sinks the entire complaint.
Jackpine pinned its hopes on unregistered (common-law) trademark rights, arguing that the overnight virality had instantly turned their slogan into a protectable mark. The three-member CIIDRC panel disagreed, finding that: [2]
- The phrase “CANADA IS NOT FOR SALE” was primarily “a slogan and exhortation rather than a trademark.” It expressed a political sentiment rather than identifying Jackpine uniquely as the source of goods.
- The brief time between first public use and domain registration (January 16) was insufficient to establish secondary meaning or source identification.
- Without proving prior common-law rights, Jackpine failed at the very first step. Thus, the panel did not even address questions of legitimate interest or bad faith.
Practical Takeaways for Brand Owners and Lawyers
Separate message from mark. Political or social statements rarely function as trademarks on their own. A slogan’s popularity alone doesn’t prove it identifies your brand. To establish trademark rights, actively brand your slogans - use them consistently in invoices, advertising, packaging, and contexts clearly identifying your business as the source.
Interesting Factoid for Lawyers
Though broadly similar, the CDRP differs from the Uniform Domain Name Dispute Resolution Policy (UDRP) on the crucial first element. While the CDRP explicitly requires the complainant’s rights to predate the domain registration, the UDRP merely requires the complainant to have trademark rights, regardless of timing. However, under UDRP, acquiring rights after domain registration can affect the assessment of the registrant’s legitimate interests or bad faith.
The Hatter’s Warning
In Lewis Carroll’s Alice’s Adventures in Wonderland, the Hatter laments that after quarrelling with Time, his clock is stuck at six o’clock, and it’s “always tea-time.” Likewise, under the CDRP, once a domain name is registered, the clock stops - your trademark rights must already exist at that very moment. No amount of later fame or notoriety will rewind the clock.
Jackpine’s complaint was dismissed, the registrant kept his domain, and no costs were awarded - consistent with current CDRP practice, as no tribunal has awarded costs to a registrant in over a decade.
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[1] Canadian Internet Registration Authority, CIRA Domain Name Dispute Resolution Policy, paragraph 3.1, available at: https://www.cira.ca/en/resources/documents/domains/cira-domain-name-dispute-resolution-policy/
[2] CIIDRC Case No. 24967, Decision dated April 4, 2025, available at: https://ciidrc.org/my-portal/decisions/?casenumber=24967&action=view
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