WIPO Decision in Barkha Dutt v. easyticket, Kapavarapu, Vas

Cybersquatting is defined as an act of registering a popular Domain name with the intent of selling it to its rightful owner at an inflated price. The Domain name may be some Company Name or a TradeMark.

In the following matter Domain Name “BarkhaDutt.com” was registered by Mr Vas Kapavarapu (the respondent) of Hyderabad on 8 January 2007 with GoDaddy. As a result, the well known journalist Ms Barkha Dutt (the complainant) filed the complaint with WIPO Arbitration and Mediation Center on 22 September 2009.

The Complainant claimed that her name is widely recognized by the public and any reference to “Barkha Dutt” is instantly associated with her alone, as the renown Indian journalist and no other entity has rights to use the name. The Complainant also stated that her name is distinctive and has acquired secondary meaning, which has trademark significance. Her name therefore ought to be accorded protection as a trademark and a domain name serves as an identity mark on the Internet.

The Respondent states that the words “Barkha” and “Dutt” are Sanskrit word… the literal dictionary meaning of the composite term “Barkhadutt” is “adaption of rain/life giving”. The Respondent further states that he had registered the disputed domain name two years ago with the intention of developing it into a fan site or blog dedicated to rains and rain harvesting.

The Respondent argues that he has not used the domain name in bad faith and he denies ever having used it for gambling, pornography or any such illegal activity. The Respondent further states that he has not used the domain name in relation to journalism, which is the field of the Complainant’s work.


India

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USA

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3. Canada: Federal government plans to toughen child porn fighting laws
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Europe

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3. DNS Security Upgrade for .com and .net
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Intellectual Propoerty Rights

1. WIPO Decision in Barkha Dutt v. easyticket, Kapavarapu, Vas
In the following matter Domain Name “BarkhaDutt.com” was registered by Mr Vas Kapavarapu (the respondent) of Hyderabad on 8 January 2007 with GoDaddy. As a result, the well known journalist Ms Barkha Dutt (the complainant) filed the complaint with WIPO Arbitration and Mediation Center on 22 September 2009.

Read Story | Discuss

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