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Complainant – Equifax Inc
Respondent – Nikhlesh Kunwar
Disputed Domain – Equifax.org.in
Decision – Equifax.org.in is awarded to Equifax Inc.
Case Summary:
Complainant
In the given dispute the complainant was incorporated as Equifax Inc. The complainant is a consumer credit reporting agency. Equifax owns domain names like equifax.in,equifax.co.in, equifax.net,equifax.org,equifax.com e.t.c,
The complainant owns 204 trademark applications in the United States and around the world for marks that consist of the word “EQUIFAX”.In India, the Complainant registered the EQUIFAX trademark since October 1996.
The disputed domain was registered in the name of Respondent since April 06, 2016. The complainant filed a petition that the disputed domain name www.Equifax.org.in is clearly identical/ confusingly similar to the complainant’s trademark.
Respondent
The respondent Nikhlesh Kunwar belongs to Uttaranchal, 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 ‘Equifax.org.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 Equifax which would create confusion, anyway the use of trademark “ Equifax ” 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 RACHNA BAKHRU taken the decision as the “complainant has succeeded in its complaint”.
Please read the further details about the dispute” @Equifax.org.in
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