Domain Dispute Decision: RachelRay.in

Discussion in 'Legal Issues and Dispute' started by Ceres, Jul 19, 2011.

  1. Ceres

    Ceres New Member

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    A recent .IN domain dispute involved the domain name RachelRay.in. You can view the decision here.

    Complainant is Ray Marks Co. LLC - a company formed by Rachael Ray, an American tv host/chef/author.

    Respondent is Rachel Ray Techniques Private Limited, a company incorporated in India.

    Respondent stated it offered gifts and other products made using laser ray technology (different channel of trade than complainant). The respondent stated that the reason for adopting the name "Rachel Ray" was as follows:

    The arbitrator concluded that the respondent had provided contradictory versions (in present and past proceedings) as to the reason for selecting of the name "Rachel Ray."

    As the complainant succeeded in making a prima facie case against the respondent, the burden of proof shifted to the respondent to provide evidence establishing its rights or legitimate interests in the domain name. However, the evidence produced by the respondent was insufficient to establish such rights/legitimate interest:

    Complainant was awarded the domain. Last year, the respondent also lost the domain RachelRay.com to the complainant (see decision here).

    Do you think the respondent's explanation as to how it came to choose the name "Rachel Ray" is plausible or not?
     
  2. domainpundit

    domainpundit United Kingdom Active Member

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    I think so , it is looking a like a story which the respondent has presented to select the name when I read the details.

    If the respondent has a relative/friend named Rachel Ray perhaps respondent could have won this case

    Cheers
     
  3. Ceres

    Ceres New Member

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    I don't know too much about laser ray technology, but the respondent's reason for choosing the name seems a bit far-fetched to me.