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BJP wins BJP.com domain name

AOL has won a dispute with the WIPO Arbitration and Mediation Center over the domain BJP.com . BJP claimed the domain is a mark that is exclusively associated with the BJP and carries an enormous reputation. BJP (Bharatiya Janata Party) submitted a complaint with the WIPO Arbitration and Mediation Center,asserting legal rights over the disputed domain name on May 3,2011 .

BJP contended that the disputed domain name is confusingly similar to its trademark.Moreover,they contended that the respondent registered and used the disputed domain name in bad faith .

"the Complainant has established in these proceedings that its mark is well known among Indians. The Panel finds that the Respondent’s adoption of the domain name has been long after the Complainant has established its rights in the mark. The facts and circumstances in the present dispute indicate that the Respondent registered the disputed domain name fully knowing of the Complainants right’s in the BJP mark."

The respondent has argued that he owns the domain name since 1997.However,the evidence show that he did not actively use the disputed domain .

The Panel ordered the disputed domain name be transferred from the respondent to the complainant .

You can read the decision here .

 

 
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