The INDRP decision of Friday, May 6, 2011 was upheld by the Delhi High Court recently where NIXI arbitrator had directed the registrant to transfer Googlee.in domain name over to Google. Inc. on the grounds of an identical and confusingly similar to Google.com domain name and its registered trademark.
The petition was filed by Gulshan Khatri against the INDRP decision of NIXI arbitrator in the Delhi High Court.
It’s important to mention that Justice S. Muralidhar found the homepage established on disputed domain name as a poor attempt to imitate world’s most popular search engine.
Gulshan Khatri had registered the disputed domain name, ‘Googlee.in’ in the year 2007. Google, Inc. found out about the misuse of its popular trademark and imitation of website in the year 2010, and sent out few cease and desist notices. After repeated failed attempts to, Google, Inc. filed a complaint as .IN Domain Name Dispute Resolution Policy (INDRP) with National Internet Exchange of India (NIXI) to seek remedial measures.
For your knowledge: The National Internet Exchange of India is a government non-profit company established in 2003 to provide neutral Internet Exchange Point services in India.
Nikilesh Ramachandran, NIXI arbitrator decided the complaint in favor of Google, Inc. after careful examination while considering the facts and circumstances of the complaint. Arbitrator noted that Googlee.in domain name was confusingly similar to complainant’s mark and it had proprietary right over the same. Hence, the disputed domain name was ordered to be transferred to Google, Inc.
Gulshan Khatri decided to petition and challenge the arbitration decision before the Delhi high court while claiming Googlee not to be similar to Google. However honorable court dismissed the claim and upheld the arbitration decision of year 2011.
Our advice: Stay clear of popular copyright or trademark keywords while registering domain names.