Domain name dispute in India – Some Cases Domain Names
Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas
The disputed domain name <barkhadutt.com>
Factual Background
Barkha Dutt, the Complainant in the present dispute, is a journalist known for her proficiency in frontline reporting from conflict regions. Her work in this area has won her several accolades and her reporting style has inspired Hindi films such as “Lakshya”.
The Complainant is a known media figure and anchors television talk shows. She is also recognized for her writings and contributions to news and current affairs discussions in various media.
The disputed domain name <barkhadutt.com> was registered on January 8, 2007.
Discussion and Findings
The Policy requires the Complainant to establish three elements under paragraph 4(a) to obtain transfer of the disputed domain name.
(i) The domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) The Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) The domain name was registered and is being used in bad faith by the Respondent.
Decision
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <barkhadutt.com> be transferred to the Complainant.
Courtesy WIPO
Rediff Communication Ltd Vs. Cyberbooth and Anr.3 :
The plaintiff was using the trade mark/domain name “Rediff.com” and the Defendant started business by using the mark/domain name “Radiff.com”.
It was held that the two names were almost similar and there is every possibility that the Internet user may be deceived and confused. Therefore the court accepted the prayer of the plaintiff and restrained the defendant from using the disputed domain name.
Yahoo Inc. Vs. Akash Arora 2:
The Plaintiff was the owner of the Trade mark “Yahoo!” and domain name “yahoo.com”, which are very well known. The Defendant adopted the domain name “Yahooindia.com” and got the same registered in his name.
Court held that the said word “Yahoo” had acquired distinctiveness and is associated with the business of the Plaintiff. The use of domain name “yahooindia.com” by the Defendant leads to passing off of the business of the Plaintiff as his own and hence the same shall be permanently discontinued. Therefore, an injunction restraining the Defendant from using the impugned mark was granted.
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