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Complainant – Google LLC.
Respondent – Nishant Kaundal.
Disputed Domain – googletezupiapp.in
Decision – googletezupiapp.in is awarded to Google LLC.
Case Summary:
Complainant:
In the given dispute the complainant was incorporated as “Google LLC”.We all know that Google is the top search engine in the world.The complainant ‘Google’ owns several trademarks including Google and Tez.Google is the worlds second most valuable brand in 2016 according to Forbes.
The Respondent bought the disputed domain name on Sep 14, 2017, exactly when Google announced about TEZ app.The complaint claims that the respondent seeks to attract traffic to its website and earn revenue through the use of complainant GOOGLE and TEZ wordmarks.
The Complainant registered a complaint in INRegistry.The arbitrator handover the complaint on 19th February,2018.he issued a notice to the respondent on 23rd february,2018 calling respondent to file his reply on the compliant wihtin 15 days.There is no responce from the respondent.
Respondent:
Respondent has failed to file a formal response to the complaint in spite of two opportunities given to him by the Honorable Arbitrator.
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 name 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 GOOGLE & TEZ which would create confusion, anyway the use of trademark “GOOGLETEZUPIAPP” 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. The arbitrator has quoted the below reason.
The honorable arbitrator quoted that “the disputed domain name consists mark Tez which is the registered trademark of the complainant”.Tez is reg by the complainant over a period of time and using all over the world. Respondent is using the domain name opportunistically and in bad faith. Hence the respondant has no right to hold the disputed domain name
Decision:
Honorable Arbitrator ‘NIKILESH RAMACHANDRAN’ taken the decision as the “complainant has succeeded in its complaint”.
Our.in Opinion
Google tez is a popular android payment app.its a easy payment app and user friendly.The respondent wants to cash the brand name of tez by creating the disputed domain name.Lack of response from the responded clears the doubt.The honorable arbitrator took the correct decision by tranferring the disputed domain name to the complainant.
Please read the further details about the dispute” @googletezupiapp.in
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