Complainant in the matter was Acko Technology & Services Ltd located at Mumbai, India. While the Respondent was Mr Shashank Singh of Bhayandar, Maharshtra. Domain Name: ackoinsurance.in registered with Godaddy.com.
For an INDRP complaint to succeed,a Complainant is required to prove all the following grounds a per clause 4, that is:
(i) the Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
(ii) the Registrant has no rights or legitimate interests in respect of the domain name; and
(iii) the Registrant’s domain name has been registered or is being used in bad faith.
In the said matter, the Respondent when contacted demanded USD 30,000 for the transfer of domain name, that was available with the Complainant in writing. The Complainant and Respondent were involved in a UDRP battle as well regarding AckoInsurance.com, which went in the favor of Complainant.
The NIXI Arbitrator held that Honorable Supreme Court has recognized Domain Name as part of Intellectual Property and is a Business identifier in the matter of Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd. Domain Name in as much helps distinguish specific businesses or services of different companies. The Disputed Domain Name consists of “Acko” followed by the general term “Insurance”, in fact if a generic word is connected to the business of the Complainant, the chances of confusingly similarity increase even more as any consumer would expect the Complainant to use it’s trade mark or trade name in conjunction with the terms which identifies its area of business. Therefore, it was held to be confusingly similar to the trade name/mark of the Complainant.
The Respondent was not making any legitimate use of the Domain Name, while the Complainant having obtained registration from the IRDA (Insurance Regulatory and Development Authority), while the Respondent did not had any such approval which could have helped the use of word ‘Insurance’ in the Disputed Domain. Also Bad Faith was visible in the demand of USD 30,000 being made from the Complainant by the Respondent in an email communication and also Complainant claimed that respondent domain name misrepresents public at large that the Respondent has some relations with the Complainant or have any authorization which is not so.
Therefore, the Arbitrator held that in view of the above facts and circumstances and finding of the Arbitrator, the Complainant has succeeded in the Complaint. .IN Registry of the NIXI is hereby directed to transfer the domain name of the Respondent i.e.
Read more details @ http://www.indrp.com/ackoinsurance-ordered-transferred-response-filed