INDRP Domain Name Dispute Cases

Kenneth Cole Productions Inc vs. Viswas Infomedia

INDRP Dispute Case no: INDRP/093

Date of award: 4/10/2009

Disputed Domain: kennethcole.in

Complainant: Kenneth Cole Productions Inc, United States of America

Respondent: Viswas Infomedia, India

Ex parte / Contested: Ex-parte

Facts of the case:

The complainant is a renowned fashion house founded in 1982 and uses the trademark KENNETH COLE with respect to its products. The trademark was registered in India in 1997 and has registrations abroad as well. The respondent registered the disputed domain in 2007 without authority and in bad faith. Further in reply to the legal notice he has offered to sell the domain for monetary benefits.

Findings & Award:

Disputed domain name identical and confusingly similar to trademark of complainant;

Respondent has no rights or legitimate interest;

Respondent registered the disputed domain name in bad faith;

It was observed that respondent’s bad faith registration is evidently clear from his offer to sell the domain to the complainant.

It was ordered that the respondent shall transfer the disputed domain name in favor of the complainant.  Also a sum of Rs. 5,00,000 was ordered as costs of the proceedings to be paid by respondent in favor of the complainant.

Arbitration Award: Download

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