INDRP Domain Name Dispute Cases

Daimler AG with Mercedes-Benz India Pvt Ltd vs.Mr. Machang

INDRP Dispute Case no: INDRP/396

Date of award:18 September 2012

Complainant: Daimler AG with Mercedes-Benz India Pvt Ltd, Germany / India

Disputed Domain: daimler.in

Respondent: Mr. Machang, Hong Kong

Ex parte / Contested: Ex-parte

Facts of the case:

The complainant and its Indian subsidiary is an automobile giant company, established in 1926. The trademark DAILMER is one of several marks owned by the complainant and the same has been registered in India in 1955 and also owns various domains incorporating the said mark.

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.

Also the respondent was also ordered to pay the cost of the proceedings to the complainant.

Arbitration Award: Download

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