The Indian firm makes an attempt reverse hijacking of the area identify.
A panel member from the World Mental Property Group discovered that Tirth Agro Expertise Personal Restricted engaged in reverse area identify hijacking for the Shaktiman.com area.
“Shaktiman” is a generic phrase within the Hindi language which suggests “power” or “energy”. It’s utilized by many firms and can be the title of a well-liked Hindi TV present starring a superhero beneath the identify “Shaktiman”.
Historic Whois information present extra registrants because the area was registered in 2000, but it surely appears to be like prefer it’s actually the identical firm. Tirth Agro has not offered any proof (or argument) in any other case.
Tirth Agro claims trademark rights relationship again to 1961, however the defendant and panelist questioned this date. The complainant didn’t clarify his hyperlink to the primary logos registered beneath a distinct firm identify. Nor did it clarify how the date of first use in a later trademark was from 1999 regardless that the corporate was not established till 2000. The complainant offered proof of use since 2000 however didn’t submit something sooner than that 12 months.
To find the reverse area identify hijacking, panelist Harini Narayanswamy wrote:
Bearing in mind the entire set of details on this case, the plaintiff or his lawyer ought to have identified of the shortage of related proof, which might have proved an impediment to establishing that the defendant had registered the disputed area identify to handle his model identify .
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