Rediff.com India has won a legal dispute at World Intellectual Rights Organisation which has held that a Canadian company has no legitimate rights to register a domain name using the word 'Rediff.'
The WIPO's Arbitration and Mediation Centre transferred the domain name 'Rediffmobile.com' registered by a nondescript Vancouver company to Rediff.com India Ltd.
The panel which went into the complaints of rediff.com held that the Canadian company has 'no rights or legitimate interests' in the domain name in dispute which was used in 'bad faith' by its owner to associate itself with the online Indian company, involved in providing news, information, communication, entertainment and shopping services.
The complaint, filed by solicitor's firm Anand and Anand on behalf of Rediff, had contended that it has exclusive use over the word 'Rediff' on which it has common law rights as it was a registered trade mark of the online company.
The WIPO panel, which adjudicated the dispute under the requirements of Uniform Domain Name Dispute Resolution Policy, accepted the contention of the Indian company that it also provides WAP service (internet services on mobile) and the foreign company, purportedly involved in mobile telecom, registered a domain name by using its name to further its commercial interests.
The apex body on IPR dispute ruled in Rediff's favour as the Canadian company did not contest the allegations even after notice was served to it.
The WIPO panel took into consideration the submission of Rediff's attorney Pravin Anand that the disputed name 'rediffmobile.com' comprises the world known trade marks 'Rediff' and 'Rediff Mobile' and that the sole purpose of registering the domain name by Canadian company was to misappropriate the reputation associated with its trademark.
While holding that the domain name was used in 'bad faith,' the WIPO said there was considerable force in Rediff's submission that there is a great likelihood that actual or potential unwary visitors to believe that there is a connection or association between the two companies.
Further, the panel concluded that the Canadian company did not engage in any activity which demonstrated that it had any rights or legitimate interest in respect of the domain name.
Holding that the domain name in question was identical and confusingly similar to Rediff India's other trade names, the WIPO said 'based upon the evidence of trade marks rights adduced by complainant, it is satisfied that Rediff has trademark rights in the marks Rediff and Rediff Mobile.'