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Unnathi Gupta (Exectuive)     06 October 2010

Domain Name Dispute

My Client has registered  ABC Trademeark for 38 Years, he initiated his Tradename ABC.net as Doamin Name in Year 2007.  In year 2008 an Concern from Delhi and Hyderabad with same Domain Name ABC.in and ABC.com have registered as domain name. Though their original Tradename is different  XYZ and PQR but not ABC still they have

whether my Client can dispute this fact as Domain Name Dispute before IEEE or IANA. Kindly Advise.

Thanks

Unnathi

 

 

 



Learning

 5 Replies

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     06 October 2010

Yes, your client can bring the dispute before .IN Registry and WIPO under UDRP and get the domain names cancelled or transferred to your clients name. However, you has to show that the opponents are using the domain names under bad faith to cause loss to your client without having any justification to use the same names. The arbitration process will get over in 2 months and you have to pay certain prescribed fees to initiate the proceedings.

Unnathi Gupta (Exectuive)     06 October 2010

Thnak you for your valuable Guidance

Unnathi

 

ESTHERPRIYA (Practising Advocate)     09 October 2010

you can file a suit under trade mark disputes in court asking for compensation and directions from court to stop using such domain name in future. In case you are registered owner you have a good case.

Kaushik Saha (Advocate)     19 December 2010

Traditionally, under the Indian Laws, the Domain Name Disputes have been dealt with the principles of "Passing Off" , therefore, other than the WIPO and similar bodies, you can file a Suit in the Court of Law along with injunction application to obtain quick relief. There has been many cases of similar nature wherein the court readily granted relief to the original owner to the extent of protecting them from cyber squatters and the like. 

1 Like

Paulo Pereira (manager)     12 January 2011

Dear all,

it seems there is a SQL error or databse related in the forum, that doesnt allow me to post PM.

Thus, dear all.


Acept my regards from Portugal.


I have a client of indian background, currently living in portugal, that have some issues regarding domain names.

Same old scenario, registrar lets people reserved the domain adress ( in etc ) , under general contractual terms and pay for it. Now my client, wich not tried to cyberquat domain, is looking for a way out of this issue.

Whould experienced attorneys be kind  enought to reach me in order to discuss the consultation.


With kind regards
Paulo Pereira
 


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