INDRP Domain Name Dispute Cases

Societe Anonyme des Eaux Minerales d’Evian vs. RAJESH AGGARWAL

INDRP Dispute Case no: INDRP/099

Date of award: 6/12/2009

Disputed Domain: evian.co.in

Complainant: Societe Anonyme des Eaux Minerales d’Evian, France

Respondent: RAJESH AGGARWAL, India

Ex parte / Contested: Ex-parte

Facts of the case:

The complainant is a leading company and they have been selling mineral water under the trademark EVIAN since 1901 and is present in over 142 countries. The trademark also includes wide range of beauty  and health products. The disputed domain was registered in  2007 illegally and without authority.

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 favor of the complainant.The respondent was further directed to pay Rs. 5,00,000 to the complainant for damages and Rs. 50,000 to NIXI for cyber squatting and putting the administration to unnecessary burden.

Arbitration Award: Download

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