JBSfoods.com saved in UDRP on religious details in response

In the matter of JBS S.A. and Swift Brands Company v Harshad Panchal [WIPO Case No. D2017-0464], the domain dispute matter brought up by JBS S.A. over the Domain JBSFOODS.com, who operates many agricultural and food-related businesses, including a business providing processed food products under the trade name and trademark JBS and employs over 200,000 employees worldwide, and has 340 production units.

They had simultaneously filed for another UDRP/Domain Dispute over JBSFOODSINTERNATIONAL.com (D2017-0415) against a Brazilian Resident, which they won. But the kind of response presented by the Indian Respondent in the matter of JBSFOODS.com, didn’t help the Complainants. Though the Complainant owns many trademark registrations for the trademark JBS in the United States and Brazil covering different products, including meat and process meat products.

The Complainant contended that the disputed domain name is virtually identical to the Complainant’s registered JBS trademark, as it consists entirely of the distinctive term “jbs” as a main element, together with the descriptive word “foods”. The Respondent does not have any rights or legitimate interests in the disputed domain name. The Respondent is not commonly known by the name “jbs”, and has never been authorized or licensed by the Complainant.

The Complainant submits that the Respondent has registered and is using the disputed domain name in bad faith because (i) the Respondent could not have been unaware of the Complainant’s registered trademark rights in JBS, when the Respondent registered the confusingly similar disputed domain name; (ii) the Respondent was contacted by the Complainant and put on notice of its registered trademark rights in the JBS mark, but Respondent replied with a vague and evasive response; (iii) the Respondent is using the disputed domain name to revert to a website which features content which denigrates the image and reputation of the Complainant’s registered trademark and trade name; and (iv) the Respondent is attempting to target the Complainant to interfere with the Complainant’s business and/or sell the disputed domain name to the Complainant for an amount greater than the Respondent’s out-of-pocket expenses.

The Respondent submits that he operates a website at the disputed domain name which is a noncommercial and not-for-profit website that provides free information related to vegetarianism and healthy living, specifically focused on the teachings of the Hindu deity Lord Jagannath. The Respondent states that Lord Jagannath’s teachings focus on eating habits and encourage a pure vegetarian lifestyle, and that Lord Jagannath’s worshippers pray to Balarama (Lord Jagannath’s brother) and Subhadra (Lord Jagannath’s sister). The Respondent states that he is a devotee of all three deities, and has created the name “jbsfoods” as an acronym from the first letters of each of the deities’ names. Internet users when visiting the website at the disputed domain name are directed to a graphic image of the three deities on the home page.

The Respondent states that the website caters to followers of Hinduism, for whom “jbs” is familiar as a commonly used acronym. The disputed domain name reverts to a website that does not contain any commercial links or content. The Respondent claims that he does not make any revenue or profits from the website and the information it provides. The Respondent also claims that the principal purpose of the disputed domain name and website is to publish opinions, testimonies and teachings of Lord Jagannath that visitors can incorporate into their daily life.

The Respondent states that he resides in Mumbai, India and had no knowledge of the Complainant or the Complainant’s registered trademark. Further, the Respondent states that he did not register the disputed domain name to interfere with the Complainant’s business, and that the Complainant actually owns several domain names which it uses to promote and advertise its products and services. The Respondent states that there is no evidence on the website at the disputed domain name that denigrates or makes reference to the Complainant or the Complainant’s registered trademark. The Respondent also states that he never offered the disputed domain name to the Complainant. The Respondent denies that he registered the disputed domain name in bad faith or used the disputed domain name in bad faith under the terms of the Policy.

The UDRP Panelist upheld the response put up by the Mumbai Respondent and as a result, the Complaint was dismissed.

Complete UDRP Decision : http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2017-0464

Times Group slaps Arnab Goswami with FIR/Suit for breach of Contract & Copyright violation

Bennett, Coleman & Co Ltd (BCCL), parent company of Times Now news channel firstly filed a Police Complaint against Arnab Goswami, it’s former Editor-in-Chief and Prema Sridevi, Journalist for cheating and also furthr matter with Delhi High Court for infringement of Copyrights and breach of Contract. A complaint has been registered in connection with a Lalu Prasad-Shahabuddin audio tape and alleged conversations between Prema Sridevi (former news reporter of Times Now) and the late Sunanda Pushkar and their househelp Narayan — which were played on Republic TV on May 6 and May 8, 2017 respectively .

The matter – IN THE HIGH COURT OF DELHI AT NEW DELHI – CS(COMM) 370/2017 – BENNETT COLEMAN & COMPANY LIMITED versus ARG OUTLIER MEDIA ASIANET NEWS PRIVATE LTD & ORS. It is the TimesNow’s case that the ex-employees of the Bennett Colemen & Co Ltd, have worked with the programme THE NEWS HOUR on TIMES NOW Channel. It is averred in the plaint that defendant nos. 2 and 3 had signed and subscribed to an employment contract with the Bennett Colemen & Co Ltd wherein one of the conditions in the contract was the maintenance of confidentiality of employment activities, trade secrets, company information as well as an acknowledgement admitting to the intellectual property rights held, possessed and controlled by the Bennett Colemen & Co Ltd of all work in any form whatsoever, manual, digital etc. done and developed by them in course of their employment.

It is stated in the plaint that Mr Arnab Goswami gave his resignation from the Bennett Colemen & Co Ltd on 1st November, 2016 and his last working day was 18th November, 2016. While Prema Sridevi resigned on 8th December, 2016 and her last working day was 7th February, 2017. It is the TimesNow’s case that on 6th May, 2017 they launched a news channel by the name Republic TV and Arnab Goswami is the Managing Director of said TV channel.

On the launch of the news channel Republic TV on 6th May, 2017 the first story related to an audio conversation between Mr. Lalu Prasad Yadav and Mr. Shabuddin. He further states that on 8th May, 2017, the defendants’ channel Republic TV aired a story pertaining to an audio recording of a conversation on phone between Prema Sridevi and Late Ms. Sunanda Pushkar, wife of Mr. Shashi Tharoor that took between 16th and 17th January, 2014. That the aforesaid audio conversations were recorded during the course of the employment of these two with the Bennett Colemen & Co Ltd and before their resignation. Consequently, Bennett Colemen & Co Ltd has the exclusive right over the said audio conversations as they form an integral part of the data base created by the Bennett Colemen & Co Ltd.

Bennett Colemen & Co Ltd contend that they have committed theft of the said intellectual property of TIMES NOW whilst in service of TIMES NOW channel and in breach of contract of employment had converted to their own use for airing on Republic TV the aforesaid intellectual property of plaintiff thereby dishonestly misappropriated and converted to their own use the said intellectual property of TIMES NOW channel.

Earlier, Times Group had filed an FIR at Mumbai against Arnab Goswami and his colleague Prema Sridevi, who was earlier with Times Now, under Section 378, read with Sections 379, 403, 405, 406, 409, 411, 414 and 418 of the Indian Penal Code (IPC), and Sections 66-B, 72 and 72-A of the Information Technology Act 2000, read with Section 34 and 120-B of the IPC.

Rs 71,000 lost in identity theft by senior citizen

Though banks have been regularly providing various alerts through Email and SMS as they never ask any sensitive/confidential information over the telephone or through email, etc. But a senior citizen from Mumbai still got misled, when some female misrepresented as a Bank Executive and asked for various details as to Debit Card.

The 73 year old man gave the details such as debit card number, CVV details and even one-time password (OTP) in the hope that the Debit Card will be converted in to new one with lifetime validity but within few minutes he received a message that Rs 71,000 has been debited from his account. As a result FIR has been registered under Section 66C of Information Technology Act and Section 420 of Indian penal Code.


Registration of Lens.in cancelled in a Indian Domain Dispute

The Complainant company Lens.com Inc from Las Vegas, Nevada, USA had filed for .In Domain Dispute under INDRP against the Respondent: Ju J friend International of Seoul, Korea. The complaint was based on various international trademark registration by the Complainant Company across various classes, owns the trademark “lens.com”. Based on the use of the said Trademark in USA submitted that it is the sole proprietor having sole and exclusive rights to use the said Trademark “lens.com”.

Further the complainant submitted that as the disputed domain name is ‘www.lens.in’, it is clearly identical/confusionly similar to the complainant’s Trademark – “Lens.com” in which the complainant has exclusive rights and legitimate interest. The Panel noted that the disputed domain name registered by the Respondent while being identical to the Corporate as well as Trademark of the Complainant does not automatically prove that the Complainant has rights in the disputed Domain Name “www.lens.in”. Further it has been noted that the Complainant is indirectly trying to show rights in the generic word “Lens’, which can never be subject to a Trademark registration or exclusive use atleast in India, citing provisions of Trade Marks Act, 1999.

more @ http://www.domaindispute.in/in-domain-name-lens-in-registration-cancelled-under-indrp-proceedings/

Malaysia looks to amend Cyberlaw to include Child Pornography etc

The proposed amendments to cyber laws will address issues like child pornography and content that sabotage the nation’s economy.

Communications and Multimedia Minister Datuk Seri Ahmad Shabery Cheek said recent incidents had highlighted the need for some form of control of information on the internet.

He said this in reply to a question by Senator Dr Syed Husin Ali (PKR-Selangor) in Dewan Negara on Thursday.

It was reported that Malaysian comedian Harith Iskander had discovered photographs of himself and his three-year-old son published on a local pornographic website, along with pictures of other children.

more @ http://www.thestar.com.my/News/Nation/2015/06/25/Shabery-Cyber-law-ammendments/

UK teenager arrested for online threats to local school

British authorities arrested a UK teen Friday morning in the string of bomb threat hoaxes against West Michigan schools.

The arrest was the result of a joint investigation between a British organized crime unit and the FBI. But computer forensics analysts with the Ottawa County Sheriff’s Department also played a big role.

Investigators say the 16-year-old British boy was responsible for online threats against Coopersville, Hudsonville and Allendale Schools. He’s also a suspect in a series of threats made to airports and airlines, which forced the grounding of planes.

There is no evidence that teen was involved in threats against Rockford Schools. A Rockford High School student was charged in that case.

more @ http://woodtv.com/2015/06/26/uk-teen-arrested-for-threatening-local-schools-online/

New York private investigator gets jail term for hacking into emails

A New York private investigator who hacked the e-mails of dozens of people he was investigating got jail time — but a judge stopped short of helping to expose the clients that hired him to do their dirty work.

Manhattan federal judge Richard Sullivan sentenced Eric Saldarriaga to three months in jail for pilfering some 60 e-mail accounts, saying he hoped to send a message about the seriousness of cybercrime.

more @ http://nypost.com/2015/06/26/private-investigator-gets-3-months-for-hacking-but-wont-expose-clients/

More children get caught up in pornography in Indonesia

The number of children involved in pornography and cybercrime cases has increased rapidly over the years, a report from the Indonesian Child Protection Commission (KPAI) states. The report recorded 322 cases in 2014, an increase from 247 cases in 2013 and 175 cases in 2012, with most cases relating to online pornography.

“The rise of access to information and technology has contributed to this increase, as well as a lack of parental guidance,” KPAI deputy chairperson Maria Advianti told The Jakarta Post earlier this week.

According to the Indonesian Internet Service Providers Association (APJII), Indonesia’s total number of internet users reached 88.1 million people in 2014, placing it sixth in the world. Ninety-five percent of these internet users access social networking sites.

more @ http://www.thejakartapost.com/news/2015/06/27/more-children-get-caught-pornography-cybercrime.html

Cambodian Center for Independent Media Crowdsources Comments on ‘Cybercrime’ Law proposal

The Cambodian Center for Independent Media has set up a website for public comment on a contentious draft law to regulate Cambodian cyberspace. The website establishes a “wiki”-like crowd-sourcing platform for comments on the law, even though the public has not been able to see the draft.

Critics fear the draft law is aimed at curbing freedom of expression online, as popularity of social media and mobile devices has spiked in recent years.

“We set it up as a way for the public to show t+heir comments on the ‘cybercrime law,’” Pa Ngoun Teang, executive director for the center, said. Ideally, people will be able to express their concerns about the law, or even edit its content online, he said.

The website, www.netlawkh.org, which has been up since February, has support from Freedom House, a US-based group that monitors and rates countries on their freedom of expression.

So far, users have posted suggestions on the law and have called for a copy to be posted online. Some have said this could be Cambodia’s first crowd-sourced law.

Chhiv Pidor, head of human resources for a private company in Phnom Penh, said she uses the Internet “almost 24 hours a day,” including Facebook, where she connects with people from her company, with friends and with family. She worries the law could curtail her online activities, potentially hurting her business or invading her privacy.

more @ http://www.voacambodia.com/content/website-crowdsources-comments-on-draft-cybercrime-law/2832424.html

Facebook Malware proves costly for Indian Shopkeeper

Sanjay Sharma, a New Delhi based shopkeeper’s act of clicking on a malware on his Facebook Timeline link landed him in deep trouble, as the link spread on the Facebook walls of other friends including the complainant woman. The woman’s family registered a Police Complaint under Information Technology Act as the link contained adult video.

Mr Sharma, however defended his actions as they were not deliberate and opening a malware link only resulted in video being sent to other users.

According to the FIR, the woman received a vulgar video clip on her Facebook account from Sharma in the first week of June. When she disclosed it to her husband, he called up the accused who pleaded innocence, saying the clips were sent due to a technical glitch. But the woman pointed out that the offensive message was not deleted till she reached the police.

The Delhi high court has partially accepted Sharma’s plea and granted him anticipatory bail on the condition that he furnishes the laptop and its password, so that the cyber cell can investigate if an offence is made out.

more @ http://timesofindia.indiatimes.com/city/delhi/Man-faces-arrest-for-sending-adult-videos-on-Facebook/articleshow/47777102.cms