Ceres
New Member
As you probably know, owning a domain name that includes a first name and a surname is usually risky, unless you set up a non-commercial fan site (with regard to a name that's used in trade or commerce).
One of the latest WIPO decisions involves the domain BarkhaDutt.com. The complainant is Ms. Barkha Dutt, a well-known Indian journalist.
The respondent's argument was that the words "Barkha" and "Dutt" are Sanskrit words: Barkha means "rain or life giving" and Dutt means "adaption." The respondent also stated that he had intended to develop a fan site/blog dedicated to "rains and rain harvesting."
The Panel stated that it found no merit in this argument. It also stated that it is well-established that dictionary words or personal names that have acquired fame are found to have secondary meaning and have obtained distinctiveness in commerce, which have protectable trademark rights. In other words, "Barkha Dutt" acquired a secondary meaning due to its use in commerce.
The respondent lost the domain to Ms. Dutt.
Perhaps I'm being too cynical, but the respondent's argument didn't sound very convincing to me. Also, search patterns show that people are searching for the journalist Barkha Dutt, and not information relating to adaption of rain/life giving.
What do you think of this WIPO decision?
One of the latest WIPO decisions involves the domain BarkhaDutt.com. The complainant is Ms. Barkha Dutt, a well-known Indian journalist.
The respondent's argument was that the words "Barkha" and "Dutt" are Sanskrit words: Barkha means "rain or life giving" and Dutt means "adaption." The respondent also stated that he had intended to develop a fan site/blog dedicated to "rains and rain harvesting."
The Panel stated that it found no merit in this argument. It also stated that it is well-established that dictionary words or personal names that have acquired fame are found to have secondary meaning and have obtained distinctiveness in commerce, which have protectable trademark rights. In other words, "Barkha Dutt" acquired a secondary meaning due to its use in commerce.
The respondent lost the domain to Ms. Dutt.
Perhaps I'm being too cynical, but the respondent's argument didn't sound very convincing to me. Also, search patterns show that people are searching for the journalist Barkha Dutt, and not information relating to adaption of rain/life giving.
What do you think of this WIPO decision?
Last edited by a moderator:
