McAfee wins over
its Domain Name from Cyber Squatter
In an impressive
victory by McAfee Limited against the Cyber Squatters, who are posing
the great threat to the domain names of rightful owners, McAfee
wins the disputed domain name www.mcafee.co.in in its favour.
In the above case
the complainant McAfee Inc, a company registered under the laws
of the State of California, USA filed a complaint with National
Internet Exhange of India (NIXI) against Chen Shenglu, 1607, East
Jinghuayuan, Xiangmei Road, Shenzhen, Guangdong - 518000, China
for allegedly registering the disputed domain name www.mcafee.co.in
in its own name.
Mr. Amarjit Singh,
a sole arbitrator appointed by National Internet Exchange of India
(NIXI) to adjudicate upon the dispute for the said domain name,
ruled that the disputed domain name www.mcafee.co.in is identical
and confusingly similar to the trade mark, trade name, service mark
and domain name of the complainant McAfee Inc and the respondent
holds no right or legitimate interest therein. It was also ruled
that the respondent misrepresented himself in the course of trade
to unwary internet users made active use of domain name on account
of bad faith registration under the circumstances of the case. It
was also observed by the panel that the respondent had registered
several other domains consisting of well-known trade mark in bad
faith so as to earn profits from the prevailing industry of cyber
squatting.
NOTE:
The term cyber squatting means registration and use of a domain
name with bad faith or with intent to trade upon the goodwill and
reputation of a trade mark / trade name of rightful owner and thereby
earn profits. Cyber Squatters often register domain names identical
or deceptively similar to well-known trade marks / trade name and
then offer the same to the rightful owners on exorbitant consideration
or cause confusion to internet users to buy inferior quality goods
or services considering the same to be of original owner.
EDITORIAL
NOTES:
Mr. Amarjit Singh, Amarjit & Associates, New Delhi (India) is
a panelist for adjudicating the domain name disputes of World Intellectual
Property Organization (WIPO), International Trademark Association
Panel of Neutrals (INTA), National Internet Exchange of India (NIXI),
FICCI Arbitration and Conciliation Tribunal (FACT). He is also actively
handling many domain name disputes for his national as well as international
clients and has rendered various decisions on domain related disputes.
IPR
FIRM.COM - Online IPR Law Firm, India – Trade Marks, Copyright Registration,
Delhi, India
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