Complainant, Rediff.com India Ltd. of Mumbai, India, filed its Complaint on March 6, 2010. Although WIPO found that this Complaint was deficient, they accepted an amended Complaint on March 16.
The parties attempted to reach a settlement agreement but this did not materialize and proceedings against Respondent, Daniyal Waseem of Quetta, Pakistan, commenced on April 21.
Waseem failed to provide any Response (due on May 11), so the WIPO Center’s sole arbitrator in this case notified Waseem of his default on May 18 and continued with the arbitration proceeding.
The lone WIPO panelist found that Rediff.com India Ltd. provided sufficient proof of its rights to the REDIFF trade-mark, that the trademark has been registered in several jurisdictions, and that Complainant provided evidence of ‘substantial and reasonably long use’ of the trademark.
The panel further found that the Rediff.com.pk was confusingly similar to Rediff.com India Ltd.’s trademark, noting;
“In this Complaint, the disputed domain name wholly incorporates the REDIFF trade mark. The additional letters “pk” do not appear to distract a reasonable person’s overall perception or impression of the distinctive feature of the disputed domain name, being REDIFF.”
After finding that Rediff.com.pk was confusingly similar, the panel went on to note that the domain name was registered in bad faith;
“This Panel is convinced that the REDIFF trade mark was calculatively selected by the Respondent to form the disputed domain name in order to disrupt the Complainant’s ongoing business, to extract some form of direct or indirect commercial gain or to otherwise ride on the established goodwill of the Complainant.”
Finding that Waseem had no rights to the REDIFF mark the WIPO Panel concluded the proceeding by transferring Rediff.com.pk to the Indian REDIFF trademark owner Rediff.com India Ltd.
The full case can be found here on the WIPO’s Website; Rediff.com India Ltd. v. Daniyal Waseem, Case No. D2010-0346
For more information on this WIPO arbitration proceeding;
www.governancenow.com – Rediff wins cybersquatting case against Pakistani individual