Its our.in | India's Pride
Complainant : World Wrestling Entertainment Inc, United states of America
Respondent : Shiwangi Peswani, Uttar pradesh, India
Decision : From the findings below it was concluded that the complainant is entitled to the disputed domain name.
Case Summary :
Not every wrestling ends with entertainment, In the given judgement the disputed domain is WWEliveindia.in. The complainant ambushed the respondent with multiple points/issues which concluded that the domain registered by the respondent is both similar and identical to “WWE” trademarks, character names and slogans of which the complainant is the registered owner. Complainant also submits that World Wrestling Entertainment Inc is a well reputed leader in global entertainment hence the domain infringed an obvious trademark. The complainant also claims that the respondent had no right or legitimate interest in disputed domain name and the registration was done in bad faith.
The respondent decided to surrender the domain, as she claims to that the registration was not made in bad faith because she wanted to use the site to post wrestling related news and events to share with her friends as she claimed she was a wrestling fan. The respondent also claims sum of $500 to compensate the expenses of purchasing the domain and developing a website which were later found unreasonably high.
Conclusion :
It was concluded that it is duty cast by law, on every person aspiring to register any domain name, to first verify the existing trademarks, similarity with other existing domain names, prior use of the domain name and INDRP and rules made there under. Ignorance of law is no excuse hence it was concluded that if the use of the disputed domain by respondent will be allowed in future, the same would lead to the confusion in the mind of the internet users which could lead to loss to the complainant and damage to his business, hence complainant emerged as the decree holder.
for more details about the case visit https://registry.in//system/files/axaltacoatingsystemsin.pdf
