A WhoIs search of InvestOttawa.com and InvestOttawa.ca shows the two domains were purchased in 2009 and 2010, respectively, by individuals in Ottawa.
Both Bryon Bertrim - the owner of InvestOttawa.com - and Michael Latimer, who owns InvestOttawa.ca, said they had not been approached by the city or its partner in Invest Ottawa, OCRI, to purchase the domain names.
"I was just building out a domain that would attract real estate investment; that was purely where the domain came from," said Mr. Bertrim, a sales representative for Keller Williams Realty. "I don't have any rights to the name."
Mr. Latimer was less specific about his plans for InvestOttawa.ca, saying his business is currently focused on search engine optimization services, as well as web design and social media consultations.
"My intention was just to enhance my Internet business. I operate many domains and websites. (InvestOttawa.ca) has significant potential to draw search engine ranking and ad revenue."
Representatives from OCRI and the city did not return requests for comment.
The process of registering domain names only takes minutes, and costs as little as $8. Through third-party website registrars such as GoDaddy, Network Solutions or Netfirms, individuals or companies can purchase the rights to a domain for a minimum of one year. Longer terms are also available.
All domains are registered through local authorities that report to the Internet Corporation for Assigned Names and Numbers, or ICANN.
Particularly in the early days of the Internet, the rise of so-called "cybersquatters" made the situation interesting for companies seeking to make their mark electronically.
In 2007, Hershey's won a dispute over the domain chocolatekiss.com after an ICANN arbitration panel found its owner at the time was using an "implied affiliation" with the firm for commercial gain.
"In generic terms, where (a company) can't say it's mine, they can't claim a monopoly, a domain such as mattress.com can go for millions of dollars. There's a significant business when it comes to domain names," said Eric Macramalla, an Ottawa-based Gowlings domain name lawyer who has sat on ICANN's National Arbitration Panel during disputes.
By contrast, Google lost a case in 2009 to Oakville, Ont.-based Groovle, which had registered groovle.com to allow users to upload photos and create their own portals.
In that case, the panel ruled the domain was different enough, and being used in a way that was sufficiently purposeful to let Groovle retain the name.
In most disputes, success comes down to filing a trademark for a particular name, said Michael Andrews, an intellectual property lawyer for Ottawa's Andrews Robichaud. In the case of Invest Ottawa, he noted, no trademark has been filed.
Even with that, trademarks generally don't work retroactively; if a domain name was registered prior to a trademark being filed, there's little chance a company will be awarded the domain in a dispute, he said.
Buying it is therefore the only option, he added. He said it's hard to place a value on particular domain names as it depends on the attachment an entity has to it.
"Assuming the person would entertain selling, the selling price would be connected to the amount of time he has used it, how much traffic, and how much value it's bringing to the business on a weekly basis," he said.
"There's also an emotional investment in these things, especially with small businesses. It's very proprietary."
The city's economic development plan, released in late June, includes $1.55 million towards Invest Ottawa, which will be run in conjunction with OCRI.
The initiative is intended to garner money for industry sectors such as life sciences, defence, aerospace, green energy and digital media. Funding will increase to $2.27 million by 2012.
HOW TO PLEAD YOUR CASE FOR A DOMAIN NAME
Providing your company name is trademarked prior to the domain name being registered, Gowlings' Eric Macramalla - who has ruled on hundreds of disputes on the National Arbitration Panel - says these are the steps for companies to follow:
1) Hire a lawyer and issue a cease-and-desist order.
2) If the order does not get a favourable response, file an arbitration case with the Canadian Internet Registration Authority or whatever local authority under which the domain name is registered. The submission is done online and is resolved in 60 days.
3) The procedure for the dispute must follow ICANN's uniform domain name dispute resolution policy. The domain name owner has 20 days to respond, at which point the matter goes before an arbitration panel and is resolved. The outcome could range from no change to a mandated transfer.
There will soon be two "uptakes" in disputes as new types of domain names are registered:
1) .xxx - Mr. Macramalla suggests companies take an option to "block" certain registrations so that their names are not associated with the extension.
2) ICANN is currently investigating options such as .shop and .music. When these domains become publicly available, Mr. Macramalla says, "That will dramatically change the domain name landscape and could well result in a significant spike in domain name disputes. Given that we're headed for what could be a very contentious time in the domain name world, it is incumbent to file the trademark now."
