INDRP: Broadcom Challenges "Digital Broadcom" Domain & Trademark

Ceres

New Member
Broadcom Corporation, one of the largest semiconductor companies in the world, has won the domain DigitalBroadcom.co.in.

What's interesting is that the respondent had filed a trademark in India for DIGITAL BROADCOM (this is how Broadcom Corporation became aware of the domain DigitalBroadcom.co.in). The current status of this trademark application is listed as "opposed."

After receiving cease and desist letters from Broadcom, the respondent stopped using the mark DIGITAL BROADCOM, as well as the domain. In January 2009, the respondent started using the domain again, without any connecting links. The matter was then referred to INDRP arbitration.

Broadcom Corporation relied on previous case law, which states that rights or legitimate interests cannot be created where the user of the domain at issue would not have chosen such a name unless he was seeking to create an impression of association with the complainant.

It's important to note that "Broadcom" is not a generic word. As far as I know "Broadcom" is a coined word by the Broadcom Corporation. For this reason, I think the Arbitrator's decision is correct.

What do others think of this decision?
 
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Jeff

Administrator
Staff member
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The decision makes a lot of sense. "Broadcom" and "Digital Broadcom" are very similar and could be confused.
 

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