INDRP Domain Name Dispute Cases

Wockhardt Limited vs. Bharat DNS Pvt Ltd

INDRP Dispute Case no: INDRP/382

Date of award: 8/14/2012

Disputed Domain: wockhardt.in

Complainant: Wockhardt Limited, India

Respondent: Kishore Tarachandani, India

Ex parte / Contested: Contested

Facts of the case:

The complainant company is a global pharmaceutical and biotechnology organization providing high quality affordable medicines and is India’s largest research based healthcare enterprise. It has registered the trademark WOCKHARDT in India and internationally. The respondent is engaged in the field of Information Technology and also engaged in creating intellectual property assisting by registering the domains. It claimed that there been a delay in filing of the complaint and hence the complainant does not have a case.

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 held that the mere passage of time does not give the respondent rights or legitimate interest it would not otherwise have.

It was ordered that the respondent shall transfer the disputed domain name in favour of the complainant.

Arbitration Award: Download

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