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Havells India Won Four Domain Name Cases Consecutively

Havells India Limited won its previous 3 domain name cases over the disputed domain names mentioned below:

Domain Name Won Date
lloyd.in 24-01-2018
standardelectricals.in 4/10/2018
lloydac.in 23/1/2019

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.

Case Summary:

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.

Respondent

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.

Decision:

Havells India Won Four Domain Name Cases Consecutively

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

Access additional articles on INDRP @ INDRP Knowledge Base

Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not necessarily reflect the views of Our.in and Our.in does not assume any responsibility or liability for the same.

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