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Generic Top Level Domain Name (gTLD) Decisions |
P.O.
BOX 50191
PHILIPS INDIA LIMITED
vs. PROTON ENGINEERS, Respondent
DECISION
The above-entitled matter came on for an administrative hearing on March 6, 2000, before Paul A. Dorf, Arbitrator, on the Complaint of Philips India Limited, hereafter "Complainant," against Proton Engineers, hereafter "Respondent." There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made
PROCEDURAL FINDINGS
Domain Name: philipsindia.com Domain Name Registrar: 9NetAvenue Concentric Network Date of Domain Name Registration: 06 March 1997 Date Complaint was sent to Respondent in accordance with Rule 2(a): 27 Jan 2000 Response Due Date: 21 Feb 2000
The Complainant filed its complaint with the National Arbitration Forum on 21 Jan 2000. After reviewing the Complaint for administrative compliance, The Forum transferred the Complaint to the Respondent in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d) The Forum immediately notified the above Registrar, ICANN and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).
The Respondent registered the domain name with 9NetAvenue Concentric Network, the entity that is the Registrar of the domain name. By registering its domain name with 9NetAvenue Concentric Network , the Respondent agreed to resolve any dispute regarding its domain name through ICANN'S Uniform Domain Name Dispute Resolution Policy.
FINDINGS OF FACTS
The Complainant is a public limited Company having approximately 72,707 shareholders. The Complainant is inter alia engaged in the business of manufacture and marketing of consumer electronic and lighting products. The annual turnover of the Complainant in 1998 was Rs 16,743,445,000/- (approximately US $ 384,464,868). The Complainant is a subsidiary of Philips Electronics N.V. (PENV) of the Netherlands. PENV is the registered proprietor of the trade mark "PHILIPS" in India, as well as all over the world. "PHILIPS" is a name that is associated with PENV and in India, with the Complainant, Philips India Limited.
The Respondent is a firm inter alia engaged in the business of industrial automation, web based projects and multimedia solutions. The Respondent has registered the domain name "philipsindia.com" in its own name as more particularly set out hereinafter.
The Complainant, with the approval of PENV, has extensively and in various media, advertised the trade mark "PHILIPS' in India for the past six decades. By a Registered User Agreement dated 201h December, 1993, PENV has permitted the Complainant to use the mark .-'PHILIPS' in India, for its various products. A copy of the Agreement has been produced as Exhibit 'A'. The Complainant has spent Rs 406,220,000/- (approximately $9,327,669) on publicity and advertising of this trade mark in 1998.
Further, due to the corporate name of the Complainant and due to its known association with PENV, the Complainant is known to the general public as "Philips India". Any use by a third party of the name "Philips India" or, as in the present case, "philipsindia" would cause confusion and deception in the minds of the trade and public and would give the general public the impression that it is a reference to the Complainant.
Notwithstanding any of the above, the Complainant further submits that the domain name "philipsindia.com", was wrongfully applied for and registered in the name of the Respondent. The details of how this domain name came to be registered in the name of the Respondent and the actions taken by the Complainant to recover the same are set out hereinbelow:
CONCLUSIONS
The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding. Having been duly selected and being impartial, the undersigned makes the following findings and conclusions:
It is therefore just, right and proper that the domain name "philipsindia" be transferred to the Complainant DECISION
Based upon the above findings and conclusions, and pursuant to Rule 4(i), it is decided as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "philipsindia.com" REGISTERED BY RESPONDENT, PROTON ENGINEERS, BE TRANSFERRED TO COMPLAINANT, PHILIPS INDIA LIMITED.
Dated: March 7, 2000
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