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Complainant – BOLLORE
Respondent – KARTHIKEYAN
Disputed Domain – BOLLORELOGISTICS.IN
Decision – BOLLORELOGISTICS.IN is awarded to BOLLORE
Case Summary:
Complainant
In the given dispute the complainant was incorporated as BOLLORE.The complainant is the owner of Transport & Logistics company. Bolloré Logistics owns domain names like bollore.com, bollore.org, bollore.net, bollore-logistics.com, and bollore-transport-logistics.com e.t.c,
The complainant has submitted that it owns a number of trademarks including the wording “BOLLORE LOGISTICS” in several counties around the world, including in India. The Complainant registered the domain bollore-logistics.com on January 20, 2009. However, the disputed domain name bollorelogistics.in registered by the respondent on July 23, 2018.
The complainant filed a petition that the disputed domain name BOLLORELOGISTICS.IN is clearly identical/ confusingly similar to the complainant’s trademark.
Respondent
The respondent responds to the tribunal mails and filed his petition. Respondent stated that he bought the domain name under instructions from his client, one Mr. Ashwin. Arbitrator informed that the disputed domain name was registered under the respondent name so he is responsible for the disputed domain name registration.
The respondent proposing that they are willing to surrender the impugned domain to the complainant only upon receiving due compensation. The tribunal announced the judgment with the statements filed by both the complainant and respondent.
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 ‘BOLLORELOGISTICS.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 BOLLORE LOGISTICS which would create confusion, anyway the use of trademark “ BOLLORE LOGISTICS ” 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:
Honourable Arbitrator Ms. Lucy Rana taken the decision as the “complainant has succeeded in its complaint”.
Please read the further details about the dispute” @Bollorelogistics.in
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