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Karur Vysya Bank Loses its Complaint   Karur Vysya Bank loses Complaint against registrant of www.karurvysyabank.com! Karur Vysya Bank(KVB), one of the leading private sector banks in India has been denied relief by the Arbitration and Mediation panel of the WIPO. Karur vysya bank, the complainant in the instant case, was set up in the year 1916. It...

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Case Commentary - MasterCard Mastercard International Incorporated, the owners of well-known Trade Mark “MASTERCARD” have filed a series of Complaints with the Arbitration Panel of the World Intellectual Property Organization (WIPO) for transfer of the following domain names; priceless.net, priceless.org, pricelessmastercard.com, pricelesslondon.com, pricelessparis.com, pricelesslosangeles.com, pricelessmexico.com, pricelessnewyork.com, pricelessamsterdam.com, pricelessistanbul.com. The...

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WIPO Case Commentary - Verizon The Arbitration Panel of the World Intellectual Property Organization (WIPO) has ordered for transfer of nine (9) domain names in favour of the Verizon Group.  The Domain Names against which the complaint has been filed are; www.verizoniphone4.com,  www.verizonwirelessiphone4.com,  www.verizonwirelessiphone4g.com,  www.verizonwirelessiphone5.com,  www.verizonwireless4giphone.com,  www.vzwiphone4.com, www.vzwiphone4g.com, www.vzwiphone5.com, www.vzw4giphone.com. The...

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Intellectual Property Audit The importance of the Intellectual Property and its commercial value is increasing day by day.  It can be said that the Intellectual Property Rights constitutes more than 80% of the total value of the assets of the company. In such an event, it is important for every company to keep track of the value, extent,...

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Bharat Matrimony sues Google again... Match Making service provider Consim Info Pvt., Ltd., (owner of the websites www.bharatmatrimony.com / www.tamilmatrimony.com and several other websites) has filed yet another complaint against internet search engine giant ‘Google’ for violation of its Trade Mark “TAMIL MARTIMONY” by one of Google’s...

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Case Commentary – MasterCard

Category : Domain Name Disputes

Mastercard International Incorporated, the owners of well-known Trade Mark “MASTERCARD” have filed a series of Complaints with the Arbitration Panel of the World Intellectual Property Organization (WIPO) for transfer of the following domain names;

priceless.net,

priceless.org,

pricelessmastercard.com,

pricelesslondon.com,
pricelessparis.com,

pricelesslosangeles.com,
pricelessmexico.com,
pricelessnewyork.com,

pricelessamsterdam.com,

pricelessistanbul.com.

The Complaints were filed by Mastercard to protect its right in the Trade Mark PRICELESS.  While Mastercard succeeded in getting transferred three domain names viz., priceless.net, priceless.org & pricelessmastercard.com, it appears that it has failed to convince the Arbitration Panel with regard to the other seven domain names.  The Arbitration Panel arrived at the conclusion that Mastercard failed to prove that the respondents acted in bad faith coupled with the fact that Mastercard did not provide sufficient evidence (in the form of documents) to prove the bad faith.  This would come as a big setback for Mastercard since it would be difficult to succeed in future complaints against domain names which have geographical location in addition to the expression PRICELESS.  With regard to the position in India, the domain name www.pricelessindia.com appears to have been registered by an individual.  The best strategy now available for Mastercard would be to register all the available domain names with geographical locations.  For Example www.pricelessmastercard.in / www.pricelessmastercard.co.in appear to be available for registration in India.

Domain Name Disputes India, are India’s first consultants dealing exclusively with Online Brand Protection & Domain Name Disputes. Domain Name Disputes India offers its clients detailed online brand protection strategies and solutions to protect them from online frauds, cybersquatting, sale of counterfeit goods etc., To know more, please visit www.domaindisputesindia.com., call me @ +91 9840477744 or mail me at karthik@domaindisputesindia.com.

 

WIPO Case Commentary – Verizon

Category : Uncategorized

The Arbitration Panel of the World Intellectual Property Organization (WIPO) has ordered for transfer of nine (9) domain names in favour of the Verizon Group.  The Domain Names against which the complaint has been filed are;

www.verizoniphone4.com,

 www.verizonwirelessiphone4.com,

 www.verizonwirelessiphone4g.com,

 www.verizonwirelessiphone5.com,

 www.verizonwireless4giphone.com,

 www.vzwiphone4.com,

www.vzwiphone4g.com,

www.vzwiphone5.com,

www.vzw4giphone.com.

The Order which was made on 30th March 2012 ruled that the respondent Cyrus de Ocampo (the registrant of all the nine domain names) has cyber squatted the domain names and has registered them in bad faith.  One important issue to be noted in the Order is that though the Domain Names contained the expression “IPHONE”, which is a well-known mark of Apple Inc., the Panel ruled in favour of Verizon on the ground that “the respondent’s inclusion of third-party’s Trade mark in a domain name does not eliminate confusing similarity. 

With regard to the Indian Market, it seems that mobile operators in India have not yet analysed the 'Online Brand Protection Strategies' and the dilution and tarnishment that a cybersquatted domain name may cause to their well-known Trade Mark.  For example, www.airteliphone.com / www.airceliphone.com have been cybersquatted.

Domain Name Disputes India, are India’s first consultants dealing exclusively with Online Brand Protection & Domain Name Disputes. Domain Name Disputes India offers its clients detailed online brand protection strategies and solutions to protect them from online frauds, cybersquatting, sale of counterfeit goods etc., To know more, please visit www.domaindisputesindia.com., call me @ +91 9840477744 or mail me at karthik@domaindisputesindia.com.

.IN Dispute Resolution Policy – Case Commentary – WWW.HERSHEYS.IN

Category : Uncategorized

          

The Arbitration Panel of the National Internet Exchange of India (NIXI) has ordered for transfer of the domains www.hersheys.in / www.hersheys.co.in on the ground that the domains have been cyber squatted.  The decisions of the Arbitration Panel would come as a relief for Hersheys since it would help Hersheys target a potential market in India.  This is first domain name disputes proceeding initiated by Hersheys against a cybersquatter for domains containing ".in" Top Level Domain.

Hersheys is a 100 year old renowned company famous for its chocolate and related goods and are the owners of the Trade Mark “HERSHEYS” and the domain www.hersheys.com.  It appears that www.hersheys.in was cyber squatted and was registered by one Wangyuan on 13th July 2011.  Hersheys filed a complaint with the Arbitration Panel of the NIXI on 23rd December 2011.  Since the respondent did not reply to the proceedings, NIXI decided the complaint based on merits and ordered for Transfer of the domain name.  

Hersheys also commenced separate proceedings with NIXI against registration of Domain Name www.hersheys.co.in by one Rimi Sen of Corporate Domains, USA.  The Arbitration Panel ruled that HERSHEY’S being a well-known mark, the registrant registered the domain name in bad faith and ordered the transfer of the domain name.

However, Hersheys is yet to register various available domains in India such as www.hersheyskisses.in, www.hersheykisses.co.in and so on.  It is yet to be seen if Hersheys will  take a more aggressive approach towards ‘Online Brand Protection’ in India and intiate domain name disputes against cyber squatted domain names.

Domain Name Disputes India, is India’s first consultants dealing exclusively with Online Brand Protection & Domain Name Disputes.  Domain Name Disputes India offers its clients detailed online brand protection strategies and solutions to protect them from online frauds, cybersquatting, sale of counterfeit goods etc.,  To know more, please visit www.domaindisputesindia.com. or mail us at karthik@domaindisputesindia.com. 

 

Why protect your brand online?

Category : Uncategorized

Being incautious about Online Brand Protection may lead to two major consequences among others. First and foremost – losing the consumer trust; second – losing the notoriety and reputation of a well—nurtured brand. On the other hand, giving importance to protecting a brand online will prevent an organization from various threats on the internet – cybersquatting, identity theft, usurpation of the brand, online counterfeit products, Trade mark dilution and tarnishment etc., A brand is the symbol of quality, a source of promise and most importantly an identity in the global market. A unique brand provides with the credibility in the market, offers the loyalty and trust of the consumers to name a few.

With more consumers spending their time online, the exposure of a Brand has increased manifold. Even companies that whose business is offline are forced to understand the importance of protecting their brand online. The most essential element of Brand Protection is to create a unique or arbitrary expression which is not common to the trade and which will differentiate the goods / services from that of others. More important than that is to idealize the means through which the brand can be developed and protected online.

The importance of online brand protection can be comprehended by a simple analysis of how vulnerable a brand gets with an inadequate brand protection strategy. Inadequate online brand protection may lead to competitors or miscreants unauthorizedly using the brand name online or the competitors take advantage of online absence and fraudulenty indulging in replication / creation of a website misrepresenting that of the brand. In such cases, a consumer searching for a brand might be forced to believe that this bogus website is that of the brand and mistakenly buy products from this bogus website. Such an incident may lead the consumers believe that the company is a sham, resulting in the company losing the hard-earned goodwill and consumer trust.
Any brand in the market is likely to face various threats in the virtual world. Inadequate online brand protection may cause sale of counterfeit goods online, Infringement / Passing –Off of your brand, Brand Cyber squatting and Typo Squatting among others. Hence, in order to protect your brand from being misused online, it is important to know the exposure of your brand in the virtual world.

iBrand Protection in association with Domain Name Disputes India, are India’s first consultants dealing exclusively with Online Brand Protection & Domain Name Disputes. iBrand Protection offers its clients detailed online brand protection strategies and solutions to protect them from online frauds, cybersquatting, sale of counterfeit goods etc., To know more, please visit www.domaindisputesindia.com.

Welcome to the Web-Blog of Domain Name Disputes India

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Category : Uncategorized

Welcome to the Blog Page of Domain Name Disputes India.

Domain Name Disputes India is a new generation law firm with specific expertise in the field of Domain Name Disputes. This is the first of it’s kind in India. With this blog, we are keen in writing on the constant happenings in the field of Domain Names, trademarks and related intellectual property; not only from India, but from all parts of the world.

At Domain Name Disputes India, expert trademarks attorneys concentrating on domain name disputes and other online trademarks dispute issues advice Indian and International clients on cross border issues involving complex legal position. Our attorneys possess deep knowledge on international trademark disputes and remedy the same. We represent our clients before any forum, be it arbitration or court proceedings.

Our specialized knowledge, risk free working mechanism and confidence in handling matters are our key assets.

This blog is authored by Mr. G R Hari, Founding Partner, Domain Name Disputes India. He is an attorney with several specialization including technology laws. He also co-founded Indian Surrogacy Law Centre, India’s First Surrogacy Law Firm.

Please feel free to post your comments. You can also mail the author of this blog at grhari@domaindisputesindia.com.

Happy Reading!