In a recent decision under the .IN Domain Name Dispute Resolution Policy (INDRP), Wakefit Innovations Pvt. Ltd., the Bengaluru-based D2C furniture and sleep solutions company, has successfully secured the transfer of the domain name wakefit.in. The arbitral award dated February 28, 2025, underscores the importance of accurate registrant information and reinforces that cybersquatting – even passive holding of infringing domains will not go unchecked.

Wakefit, holds multiple trademark registrations for the mark “WAKEFIT” and has a significant online presence, including through its domain wakefit.co. The company is known for its innovative, affordable mattresses, furniture, and sleep wellness products.

In the present case, the domain name wakefit.in was registered by an individual using only an email address and an incomplete location, with no verifiable address or contact details. Despite notices sent via email and procedural opportunities to respond, the registrant failed to appear in the arbitration proceedings or submit a reply. The email notice itself bounced back, leaving the Arbitrator with no option but to proceed ex parte.

Wakefit argued that the registrant had no rights or legitimate interest in the domain name, and that the registration was made in bad faith. The domain was not being used for any genuine business or content but instead led to a parked page with links to unrelated third-party websites, often a tell-tale sign of domain monetization through pay-per-click (PPC) advertising.

Key Arguments by Wakefit

  • Trademark Ownership: Wakefit is the registered proprietor of the trademark “WAKEFIT” in India across various classes. The company also owns the domain wakefit.co, which clearly pre-dates the disputed domain.
  • Use and Reputation: Although the company did not provide invoices or audited financials, it submitted screenshots from its website and media coverage to support its claims of goodwill and reputation.
  • Identical Domain Name: The domain wakefit.in incorporates the trademark in its entirety, differing only by the top-level domain (.in). Courts and INDRP panels have consistently held that such minor variations do not reduce the likelihood of confusion.
  • No Rights or Legitimate Interest: There was no evidence of the Respondent having any connection to the name “Wakefit” or any business activity linked to the domain.
  • Bad Faith: The domain led to a parked page with PPC ads – indicating that the registration was aimed at misleading users and commercially benefiting from the Wakefit brand.

Arbitral Tribunal’s Findings

The Arbitrator, agreed with Wakefit on all counts. Key findings included:

  1. Confusing Similarity: The domain name wakefit.in was found to be identical and confusingly similar to Wakefit’s registered trademarks and domain name.
  2. No Legitimate Interest: The Respondent had failed to provide any evidence of legitimate rights or business use. The domain did not lead to any real business or service.
  3. Bad Faith Registration: The use of a parked page with pay-per-click links, along with the registrant’s efforts to obscure their identity, pointed to a clear case of cybersquatting. The Arbitrator referred to similar decisions under WIPO and INDRP that considered such conduct as evidence of bad faith.

The Tribunal directed the domain name wakefit.in to be transferred to Wakefit Innovations Pvt. Ltd.

This decision adds to the growing jurisprudence on domain name rights under the INDRP, reinforcing that:

  • The mere registration of a domain that contains a registered trademark can trigger a dispute.
  • Passive holding of infringing domains, especially when linked to PPC schemes can amount to bad faith.
  • Concealment of registrant identity and non-participation in proceedings can work against the domain holder.

For brands like Wakefit operating in India’s competitive digital space, this ruling is a reminder of the importance of proactively protecting online assets. It also sets a precedent that INDRP tribunals will act firmly against registrants who exploit brand names without authorization, even in the absence of active use.

With the domain now ordered to be transferred, Wakefit can continue building its online identity without interference from bad-faith actors. As digital footprints become central to consumer trust, safeguarding domain names is no longer optional, it’s essential.