Havells India Limited won its previous 3 domain name cases over the disputed domain names mentioned below:
|Domain Name||Won Date|
Clearly, it’s a unique feat by Havells India, showing its commitment towards its brand value.
Now one more case won by Havells India, read the complete article below:
Complainant – Havells India Limited & QRG Enterprises Limited
Respondent – Adarsh Kumar
Disputed Domain – havellsindia.in
Decision: havellsindia.in is awarded to the Complainant.
In the given dispute the complainant was incorporated as Havells India Limited. The complainant claims that they have 700 registrations for the marks HAVELLS across the world and the first registration dates back to the year 1955 in India.
The Complainant also claimed that trademark HAVELLS has gained enormous reputation and goodwill in India
as well as abroad, the products of HAVELLS are sold all over the world.
The complainant filed a petition that the disputed domain name www.havellsindia.in is clearly identical/ confusingly similar to the complainant’s trademark.
The respondent Adarsh Kumar belongs to Bengaluru, India. He has not filed any official response dealing with the contents of the complaint despite three opportunities.
In order to win the domain from the respondent in an INDRP dispute, The complainant must prove all three following grounds :
1)Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which Complainant has rights.
Complainant has proved the disputed domain name ‘havellsindia.in’ is confusingly similar to the trademark of the complainant.
2)The registrant has no rights or legitimate interests in respect of domain name.
As per the evidence established by Complainant, the complainant owns multiple domain names comprising the trademark havells which would create confusion, anyway the use of trademark “ havells ” by the respondent is not legal as he has not obtained any permission from the trademark holder. Therefore the Respondent has no legitimate right over the said domain name.
3)Registrant’s domain has been registered or being used in bad faith.
Finally, the Tribunal finds the disputed domain name has been registered and used in bad faith.
Honourable Arbitrator Lucy Rana taken the decision as the “complainant has succeeded in its complaint”.
Please read the further details about the dispute” @havellsindia.in
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