The
Pantaloons.in INDRP decision has just been released:
(1) The complainant Pantaloons Retail (India) Ltd won the domain Pantaloons.in. It owns the trademark/brand for 'Pantaloon' in India.
(2) The respondent argued that 'pantaloon' is a common word in the English language and that Pantaloon's trademark(s) do not give it 100% full and unrestricted ownership and control of the word 'pantaloons.'
(3) Pantaloon argued that by virtue of its extensive use and marketing, 'Pantaloon' has become distinctive to its business.
(4) Before filing its INDRP complaint, Pantaloon approached the respondent to try and buy the domain from him. In response to this move by Pantaloon, the Arbitrator ordered Pantaloon to pay a sum of Rs.25,000 to NIXI as penalty:
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for being an accomplice in an act of illegality
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Basically the Arbitrator is saying that Pantaloon shouldn't have negotiated with the respondent but should have gone through 'legal channels.'
(5) The Arbitrator ordered the respondent to pay 1000 US Dollars to NIXI:
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as punishment and penalty for resorting to illegal means/ cyber squatting.
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(6) The Arbitrator directed the registry of NIXI to:
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send a copy of this decision to the Hon'ble High Court of Delhi at New Delhi to take further actions against the miscreants as this tribunal cannot go beyond its jurisdiction.
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This is now the 7th
INDRP case Pantaloon has won.
Pantaloons.in - INDRP Decision
