Domain Name Disputes India, India’s first Law Firm on Domain Name Disputes represented Cleartrip Private Limited, Industry leader in online travel booking in a case of domain name dispute before the National Internet Exchange of India. The Complaint was filed against one Mr. Rahul Bhatnagar who had registered an identical domain name www.cleartripindia.co.in. Domain Name Disputes India filed a complaint on behalf of Cleartrip. The NIXI has now Ordered transfer of the said domain name in favour of Cleartrip. The Order passed by the Arbitrator of NIXI can be accessed here Cleartripindia.co.in.
The arbitrator pointed:
The mark “CLEARTRIP” is a unique and distinct word and has acquired distinctiveness and is known to be a trademark owned by the complainant. It has been shown by the complainant that the use of the said mark has been for quite sometime and that too for world over. The complainant has shown it various trade mark registration details world over. Although the Respondent has not appeared in these proceedings to present their case, but it is borne out from the records that Respondent has no bona fine or legitimate right over the mark “CLEARTRIP”. Merely by the adding of the name ‘India’ in the word cannot mean to be a mark different from the registered mark. This itself reflects the fact that the respondent wanted to create confusion the minds of the public. Hence the Respondent’s action to register the said domain name is not bona fine as he has no right over the mark “www.cleartripinda.co.in.”
Domain Name Disputes India helps corporates and Internet companies in online brand protection and fight against domain name cyberquatting. The author can be contacted at [email protected] or can be reached at +919840477744.
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