Xoom Corp. vs. Domain Admin/Chandan MA

INDRP Dispute Case no: INDRP/542

Date of award: 26 October 2013

Disputed Domain: xoom.in

Complainant: Xoom Corp., United States of America

Respondent: Domain Admin/Chandan MA, India

Ex parte / Contested: Contested

Facts of the case:

The complainant is an internationally renowned provider of computer accessible remittance products and services and was established in 2004. The trademark XOOM has been registered in India and various other foreign countries. The respondent registered the disputed domain name in 2011 and states that he registered the domain with an intent to brand his own tram as zoom, but the domain is up for sale. He had offered to sell the domain but the complainant agreed to pay only $25.

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;

The respondent’s act of registering a domain incorporating the trademark of the complainant;

And also putting up the domain for sale, is indicative of his bad faith;

It was ordered that the disputed domain name be transferred in favour of the complainant;

It was also ordered that the respondent shall pay the cost of the proceedings to the complainant.

 Arbitration Award: Download

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


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