INDRP Domain Name Dispute Cases

Tata Motors Limited Vs Amit Badiyani

INDRP Dispute Case no: INDRP/1020

Date of award: 16 October 2018

Disputed Domain: harrier.in

Complainant: Tata Motors Limited, India

Respondent: Amit Badiyani, India

Ex parte / Contested: Contested

Facts of the case:

The Complainant is a part of Tata Group of Companies which is India’s largest automobile company. Among the range of new generation cars launched by the Complainant SUV is under the mark HARRIER and has registered similar domain names and holds the trademark. The Respondent is dealing in the business of computer software and allied services under the name HARRIER and claims to be the prior user under the disputed domain name and hence this dispute.

Findings & Award:

Identical or confusing similar to trade mark, no right or legitimate interest, registered and used in bad faith. Ordered that the Complainant has failed to establish any of the grounds mentioned above and the Tribunal held that the Respondents adoption or use of the HARRIER is prior and bonafide. The Complaint was dismissed and ordered the parties to bear their own costs.

Arbitration Award: Download

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