Complainant – Houlala Global Investment Limited.
Respondent – Alex Wang.
Disputed Domain – Lalamove.in
Decision – Lalamove.in is awarded to Houlala Global Investment Limited.
In the given dispute the complainant was incorporated as Houlala Global Investment Limited. ‘LALAMOVE’ is an on-demand logistics company owned by the complainant in Asia that matches users and drivers to provide same-day delivery and courier services.
The complainant has law rights and trademark registrations for the trademark ‘LALAMOVE’.The Complainant is the applicant of the device mark ‘LALAMOVE’ in India in classes 9,35,38,39 and 42.
The complainant filed a petition that the disputed domain name www.lalamove.in is clearly identical/ confusingly similar to the complainant’s trademark.
The respondent Alex Wang belongs to the People’s Republic of China. The respondent failed to reply to the notice regarding the complaint.
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 ‘LALAMOVE.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 LALAMOVE which would create confusion, anyway the use of trademark “ LALAMOVE ” 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 Rodney D.Ryder taken the decision as the “complainant has succeeded in its complaint”.
Please read the further details about the dispute” @Lalamove.in
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