Water company wins Evian.in

[Ceres]

The well-known French company that sells mineral water won the domain Evian.in. The company owns the trademark EVIAN in many countries, including India.

I think the complainant deserved to win this domain, as Evian is not what I would consider a generic name.

However, I found the arbitrator's decision a little bit too vague. A more detailed discussion of his findings should have been provided.

I notice Evian.co.in is on the pending list of INDRP cases. Same respondent.

What do you think of the decision?

 

[Jeff]

Thanks for posting this. Looks like a no brainer case. However, you're right - INDRP decisions could be better written.

 

[Ceres]

As predicted, the complainant also won Evian.co.in.

In addition, the tribunal ordered the respondent to pay:

- Rs 500,000 costs to the complainant
- Rs 50,000 to NIXI for cybersquatting and as cost towards the proceedings

The tribunal further recommended that NIXI send a copy of this decision to the High Court of Delhi to take further action.

 

[Ace]

- Rs 500,000 costs to the complainant
- Rs 50,000 to NIXI for cybersquatting and as cost towards the proceedings

wow that's like more than $11K in fines, for one domain? How do they arrive at that number? Isn't the cost of proceeding charged upfront?

 

[Ceres]

wow that's like more than $11K in fines, for one domain? How do they arrive at that number? Isn't the cost of proceeding charged upfront?

The amount of costs awarded is at the Arbitrator's discretion.

In this particular case, the high award of costs is likely a warning to deter cybersquatters.

 

[indy]

As predicted, the complainant also won Evian.co.in.

In addition, the tribunal ordered the respondent to pay:

- Rs 500,000 costs to the complainant
- Rs 50,000 to NIXI for cybersquatting and as cost towards the proceedings

The tribunal further recommended that NIXI send a copy of this decision to the High Court of Delhi to take further action.

I wonder if the infringing party would have given up the domain without going through the trial, would there be any costs involved

BTW, I completely agree with the judgement.

 

[pubdomains.in]

Another one bites the dust... playing with trademark domains is a big risk unless you have a battery of lawyers to defend you!!

 

[Ceres]

I wonder if the infringing party would have given up the domain without going through the trial, would there be any costs involved

The complainant did contact the respondent before commencing both INDRP cases. The respondent did not reply.

If the respondent had replied and transferred the domain(s), they could have avoided both INDRP cases and also the costs award made against them.

 

[Jeff]

I was speaking to some (non-Indian) domain lawyers recently and their advice was if someone sends you and C & D letter and you think you'll lose or you don't want to defend, transfer the domain (and try to get an indemnity signed). Having a written decision against you is bad for future disputes against you, and is also bad for other domainers as it creates a lot of negative sentiment towards domainers.