INDRP Domain Name Dispute Cases

Media Temple Inc vs. Media Temple

INDRP Dispute Case no: INDRP/383

Date of award: 29 July 2019

Disputed Domain: mediatemple.in

Complainant: Media Temple Inc, United States of America

Respondent: Media Temple, India

Ex parte / Contested: Contested

Facts of the case:

The complainant company provides web hosting and related services under the registered trademark MEDIA TEMPLE since 1999. The respondent stated that he registered the domain in 2007 without any mala fide intent and also has been using it ever since. Moreover, the complainant has offered $1000 to him to buy the disputed domain. Considering the fact that respondent has been using the domain for 5 years and in liue of costs thus incurred, he offered to sell the domain in $3000.

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 ordered that the respondent shall transfer the disputed domain name in favour of the complainant. Since the parties entered into a mutual dialogue for selling the domain in consideration to the expenses beared by the respondent while using the disputed domain for 5 years;

It was ordered that the complainant pay Rs. 50,000 to the respondent towards cost of proceedings.

 Arbitration Award: Download

Tags: domain name, domain disputes, INDRP, NIXI, .in Registry, domain dispute cases, domain name disputes