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Complainant – ROBERT BOSCH GMBH
Respondent – ZHAO KE
DisputedDomain – www.bosch.in
Decision – Bosch.in is forwarded to Robert Bosch GMBH .
In the given dispute the complainant was incorporated as “BOSCH”,.Complainant has registered the different trademarks in India and world wide. The complainant owns Bosch.com,Bosch.co.in etc..the complainant has developed international footprint and has a network of around 350 subsidaries and regional companies.Over 50 countries sales and service partners in roughly 150 countries worldwide.
Responedent has not responded for the Emails(Its not delivered to the respondent),he sent a notice to their home they didn’t get any notice from the Respondent.
1)Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which complainant has rights.
–Complainant holds numerous registrations for the mark BOSCH all over the world including over 12 registrations in India.The BOSCH is being used by the complainant to identify its business.
2)The registrant has no rights or legitimate interests in respect of domain name.
The Respondent has not rebutted the contentions of the Complainant and has not produced any documents or submissions to show his interest in protecting his rights and interest in the domain name,the Respondent has no rights or legitimate or intersts in respect of domain name.
3)Registrant’s domain has been registered or being used in bad faith.
It can be concluded that the domain name BOSCH.in is identified with the Complainant’s Products/Services,therefore its adoption by the Respondent shows “Opportunistic bad faith”.
Decision:
Honorable Arbitrator Mr Ranjan Narula taken the decision as the complaintant has succeeded in its complaint.
Our.in opinion:
Bosch is a popular trademark , Respondent has failed to file a response . Arbitrator has made an obvious choice as the respondent has more or less accepted the bad faith by not filing a response. If a domain owner really registers for genuine interests, the first thing the domain owner has to do is file a response in case of INDRP dispute. We support the abritrators decision on this dispute
Please read the further details about the dispute” @ BOSCH.IN PENDING DISPUTE DECISION”
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