Thread: Nestle Wins Nescafe.co.in in INDRP dispute

No surprise that Nestle, the well-known makers of Nescafe coffee, won Nescafe.co.in in the latest INDRP case.

On two occasions, Nestle hired a third party to seek out the intentions of the respondent, wherein the respondent agreed to sell the domain. However, in its complaint Nestle stated the sale price exceeded its out-of-pocket costs and no transaction proceeded.

The respondent changed the whois owner quite a few times, although the address always remained the same. This includes changing the owner to "Nescafe Limited" on a few occasions - that's the reason why the respondent in this case is "Nescafe Limited."

In its complaint, Nestle points out that the respondent's address is the same as the respondent's address in the INDRP cases of KFC.co.in and TacoBell.co.in (owner name is different). The Arbitrator stated that this inferred a pattern of similar conduct by the respondent. The Arbitrator also viewed the respondent's various aliases as a form of cyber flight.

The respondent filed no response in this case.

Got to laugh when you read these things, what did the domainer owner expect?? publicity hungry person i guess but on the otherside of the coin its also very clever most companies are willing to purchase a name to save court costs, solicitor fees but then thats when the fine line comes in to play..

If your greedy.. expect to lose... If you cover Reg fees and some profit pocket money then expect to win.

the last point is a win/win they get domain your earn a couple of quid but theres alot of greed in this business and its normally the abitrator that wins and the domainer looses out or worse case gets a slap.

Good Post

Originally Posted by Tipsfromthetop

Got to laugh when you read these things, what did the domainer owner expect?? publicity hungry person i guess but on the otherside of the coin its also very clever most companies are willing to purchase a name to save court costs, solicitor fees but then thats when the fine line comes in to play..

If your greedy.. expect to lose... If you cover Reg fees and some profit pocket money then expect to win.

the last point is a win/win they get domain your earn a couple of quid but theres alot of greed in this business and its normally the abitrator that wins and the domainer looses out or worse case gets a slap.

Good Post

On the nail, these are blatant tm's and the registrant deserves to get slapped and his actions are laughable.

I have personally had experience of companies that are prepared to pay to settle but generally out of pocket + expenses (less than taking it arbitration). BTW - it was only a one off .com that was not a Nescafe/Taco Bell type of name.

No surprises in this case, Nescafe == Nestle and anyone registering a TM is bound to lose.

Cheers