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Complainant – M/s Nexus Automotive International S.A.
Respondent – ShopZok
DisputedDomain – nexusauto.in
Decision – nexusauto.in is awarded to M/s Nexus Automotive International S.A.
Case Summary:
Complainant :
In the given dispute the complainant was incorporated as “Nexus Automotive International”.The complainant is a an international automotive group belongs to Switzerland and is engaged in the business of providing distributorship and supply of automotive parts and accessories,service delivery,commercial and financial transactions relating to automotive sector.
The complainant is a company organized under the laws of Switzerland.The complainant has obtained registrations of its trademarks NEXUS/ NEXUS AUTOMOTIVE/NEXUS AUTOMOTIVE INTERANATIONAL across the world.The Complainant is represented in 118 countries,including in India and has attained by July 2017 a total turnover of 14.36 billion Euros.
The Respondent had adopted the disputed domain name nexusauto.in on February 15,2017 as per WHO IS report but the complainant earliest registration for trademark NEXUS dates back to the year 2014.A complaint has been filed by the complainant with the NIXI against the respondent over the disputed domain.
Respondent:
Respondent has failed to file a formal response to the complaint inspite of two opportunities given to him by the 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 confusing 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 trade mark NEXUSAUTO which would create confusion,anyway the use of trademark “NEXUSAUTO” by 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. Arbitrator has quoted the below reason.
Such unauthorized registration of the Trademark by the Respondent suggests opportunistic bad faith. The Respondent’s true intention and purpose of the registration of the disputed domain name “nexusauto.in” which incorporates the Trademark NEXUSAUTO of the complaint is , in this Arbitrator’s view, to capitalize on reputation of the Trademark of the Complainant.
Decision:
Honorable Arbitrator Dr. Ashwinie kumar Bansal taken the decision as the “complainant has succeeded in its complaint”.
The respondent failed to give reply to the Tribunal mails so, as per section 25 of the Arbitration and Conciliation Act the arbitrator is competent to make the award if Respondent fails to file the reply before him.As the complainant succeeded in proving the three rules ,The arbitrator orders in accordance with the policy and the rules ,that the disputed domain name be transferred to the Complainant.
Respondent could have responded and explained the reason for registering the disputed domain name if he/she has genuine reasons, Respondent may had a little chance of winning. The moment Respondent couldnt file any response , its more or less accepting the accusation made by the Complainant. On a different note, its unfair for any registrants registering the trademark names with the intention of selling to Trademark holders. Lot of generic names are available , i strongly advise not to register the popular trademark names like “NexusAuto”. Prevention is better than cure.
Please read the further details about the dispute” @nexausauto.in
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