During 2019, 118 decisions were pronounced under INDRP by the Arbitrators, out of which there have been over 95% of the decisions ordering Transfer of the Domain Names that is 114 INDRP ordered for the Transfer of the Domain Names, while there has been denial in 3 cases (only one on merit) and one withdrawal of case [Source: INDRP.com].
Details as to INDRP Cases Denied
1. Disputed Domain: vrbo.co.in [INDRP/1056; Complainant: HOMEAWAY.COM, INC.]
(Arbitrator: Mr. Visheshwar Shrivastav; Pronounced on January 28, 2019)
The INDRP Proceedings commenced on 7th December 2018. The Complainant had a strong case, while no response was filed. But due to lack of proper evidence, locus standi of the Complainant and lastly Complaint was not properly signed and verified. Hence claim was denied on procedural grounds.
2. Disputed Domain: zoai.in [INDRP/1063; Complainant: Microsoft Corp.]
(Arbitrator: Mr. Ankur Raheja; Pronounced on, February 18, 2019)
The INDRP Proceedings commenced on 01st January 2019. Complainant Microsoft prayed for the transfer of the domain name ZOAI.in based upon their two-letter Trademark ‘ZO’ and active website “ZO.AI“. The said Complainant’s website ZO.AI was registered on 15 December 2017, while the disputed domain name had registration date as 19 June 2017.
It was held that the Complainant’s mark is comprised of short/common random letters “ZO” that are not exclusively associated with Complainant’s services, that is, the widespread third-party and common use of the term “ZO” is wholly unrelated to the Complainant, who never otherwise had any Trademark over the term ZOAI.
That is, “ZO” was held as a weak mark. It has been held in domain dispute matters, that weaker the mark the stronger must be the evidence. The same was lacking in the matter and hence denied on merits.
3. Disputed Domain: Benchmade.in [INDRP/1071; Complainant: Benchmade Knife Co.]
(Arbitrator: Mr. Nikilesh Ramachandran; Pronounced on April 22, 2019)
Herein the Complainant was denied as a part of a settlement between the parties. The facts of the said matter have already been posted at OUR.IN
Lastly, one more case no INDRP/1070 – Disputed Domain fedexindiapackers.in, that was initially allotted to Arbitrator Mrs. Harini Narayanswamy on 8 Feb 2019, it’s status never got updated online… seems to be a case of missing file 🙂