Thread: INDRP Costs Award: 5 lakhs rupees

INDRP dispute decision: Armani.co.in.

The Complainant is the well-known fashion company. They own a number of trademarks in India, all having ARMANI as a significant part thereof. The Respondent who registered Armani.co.in did not file a response in this case.

The fashion company originally owned the domain Armani.co.in, but failed to renew on time. The Respondent registered the domain after the fashion company's failure to renew. In this respect, the Arbitrator stated:

Mere non-renewal of disputed domain name <armani.co,in> in 2007 by the Complainant does not entitle the Respondent to adopt the same. Even in the absence of prior adoption of disputed domain name <armani.co.in> the Complainant is entitled to take action against the Respondent. It is because the disputed domain name <armani.co.in> wholly incorporates the prior registered well known trademark ARMANI of the Complainant. Further, the Respondent has not come up with any reason for adoption of the disputed domain name <armani.co.in>. Respondent directed the web site under the disputed domain name <armani.co.in> to the official website of the Complainant.

The Arbitrator was of the view that the registration was made in bad faith, and the Respondent was ordered to transfer the domain and pay costs of 5 lakhs rupees to the Complainant:

The actions of the Respondent should not be encouraged and should not be allowed to continue. The conduct of the Respondent has necessitated me to award costs of the Complaint to and in favour of the Complainant.

The message via the costs award is clear: do not register domain names in bad faith.

I hope Arbitrators will also award costs to domain owners in cases of reverse domain name hijacking.

Yes, the defendant will most likely lose this one. A tempting, but bad name to register since its such an obvious TM issue.

Again, seems like a "no brainer" case, but the high costs award is interesting. It should be balanced by high cost awards for frivolously brought INDRPs.