McAfee wins over its Domain Name from Cyber Squatter
In an impressive victory by McAfee Limited against the Cyber Squatters, who are posing the great threat to the domain names of rightful owners, McAfee wins the disputed domain name www.mcafee.co.in in its favour.
In the above case the complainant McAfee Inc, a company registered under the laws of the State of California, USA filed a complaint with National Internet Exhange of India (NIXI) against Chen Shenglu, 1607, East Jinghuayuan, Xiangmei Road, Shenzhen, Guangdong – 518000, China for allegedly registering the disputed domain name www.mcafee.co.in in its own name.
Mr. Amarjit Singh, a sole arbitrator appointed by National Internet Exchange of India (NIXI) to adjudicate upon the dispute for the said domain name, ruled that the disputed domain name www.mcafee.co.in is identical and confusingly similar to the trade mark, trade name, service mark and domain name of the complainant McAfee Inc and the respondent holds no right or legitimate interest therein. It was also ruled that the respondent misrepresented himself in the course of trade to unwary internet users made active use of domain name on account of bad faith registration under the circumstances of the case. It was also observed by the panel that the respondent had registered several other domains consisting of well-known trade mark in bad faith so as to earn profits from the prevailing industry of cyber squatting.
NOTE:
The term cyber squatting means registration and use of a domain name with bad faith or with intent to trade upon the goodwill and reputation of a trade mark / trade name of rightful owner and thereby earn profits. Cyber Squatters often register domain names identical or deceptively similar to well-known trade marks / trade name and then offer the same to the rightful owners on exorbitant consideration or cause confusion to internet users to buy inferior quality goods or services considering the same to be of original owner.
EDITORIAL NOTES:
Mr. Amarjit Singh, Amarjit & Associates, New Delhi (India) is a panelist for adjudicating the domain name disputes of World Intellectual Property Organization (WIPO), International Trademark Association Panel of Neutrals (INTA), National Internet Exchange of India (NIXI), FICCI Arbitration and Conciliation Tribunal (FACT). He is also actively handling many domain name disputes for his national as well as international clients and has rendered various decisions on domain related disputes.
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