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Google wins right over domain name 'gmail.co.in'
New Delhi, June. 7 (PTI): Internet search engine giant Google Inc has won ownership of domain name 'gmail.co.in' as an arbitrator appointed by National Internet Exchange of India has directed a Chinese national to transfer the portal address in its favour.
"The respondent (Chen Zhaoyang) has taken deliberate steps to take benefit of identity and reputation of the complainant (Google)," arbitrator A K Singh said in his order.
Google Inc, which launched its website 'gmail' in April 2004 worldwide, applied for the registration of the mark in India in 2005. The company had filed a complaint before NIXI seeking transfer of domain name 'gmail.co.in' when it came to know that the address was registered by a Chinese national.
The arbitrator observed that Zhaoyang registered a company "Gmail Ltd" only after the complaint was filed by Google and the domain name "gmail.co.in" was transfered to the company one day later.
Imposing a cost of Rs 50,000 on the Chinese company, the arbitrator said: "The company has failed to furnish any explanation about the adoption of an identical mark. All these indicate that a disputed domain name is got registered and used by respondent in bad faith in respect of the general commercial business activities."
The arbitrator held the rights in a trademark were not acquired merely on account of registration in India but on account of "trans-border reputation" spilling over to India.
Google had discharged its onus in establishing its proprietary rights in the mark 'Gmail' on account of priority of adoption, use, and registration in various countries, the arbitrator added. Source
New Delhi, June. 7 (PTI): Internet search engine giant Google Inc has won ownership of domain name 'gmail.co.in' as an arbitrator appointed by National Internet Exchange of India has directed a Chinese national to transfer the portal address in its favour.
"The respondent (Chen Zhaoyang) has taken deliberate steps to take benefit of identity and reputation of the complainant (Google)," arbitrator A K Singh said in his order.
Google Inc, which launched its website 'gmail' in April 2004 worldwide, applied for the registration of the mark in India in 2005. The company had filed a complaint before NIXI seeking transfer of domain name 'gmail.co.in' when it came to know that the address was registered by a Chinese national.
The arbitrator observed that Zhaoyang registered a company "Gmail Ltd" only after the complaint was filed by Google and the domain name "gmail.co.in" was transfered to the company one day later.
Imposing a cost of Rs 50,000 on the Chinese company, the arbitrator said: "The company has failed to furnish any explanation about the adoption of an identical mark. All these indicate that a disputed domain name is got registered and used by respondent in bad faith in respect of the general commercial business activities."
The arbitrator held the rights in a trademark were not acquired merely on account of registration in India but on account of "trans-border reputation" spilling over to India.
Google had discharged its onus in establishing its proprietary rights in the mark 'Gmail' on account of priority of adoption, use, and registration in various countries, the arbitrator added. Source
