INDRP Domain Name Dispute Cases

Anytime Fitness LLC vs. Mr. Sunil of the Gold Gym

INDRP Dispute Case no: INDRP/398

Date of award: 10/4/2012

Disputed Domain: anytimefitness.in

Complainant: Anytime Fitness LLC, United States of America

Respondent: Mr. Sunil of the Gold Gym, India

Ex parte / Contested: Ex-parte

Facts of the case:

The complainant is a franchisor of health and fitness clubs worldwide, founded in 2002, under the trademark ANYTIME FITNESS. The said trademark has been registered in India and various other jurisdictions as well. Also the complainant has registered the domain anytimefitness.com since 2002 and various other domains incorporating the same. The respondent registered the disputed domain in 2008 and has not hosted an active website on the same.

Findings & Award:

The domain name is identical or confusingly similar to a name, trademark or service mark in which the complainant has rights;

The respondent has no rights or legitimate interests in respect of the domain name;

The respondent has registered the domain name or using the domain name in bad faith.;

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

Arbitration Award: Download

Tags: domain name, domain disputes, INDRP, NIXI, .in Registry, domain dispute cases, domain name disputes