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/