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Arbitral Award – Transfer of Domain name – IN Domain Name Dispute Resolution Policy – National Internet Exchange of India (NIXI)

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The petitioner imparts school education in the name of “Kashmir Harvard Educational Institute” in Srinagar.   It has registered domain name with with the domain name Registry.

Respondent is a charitable and educational corporation incorporated in the Commonwealth of Massachusetts, USA and established in 1636.  HARVARD mark is used since 1638 in connection with educational and research goods and services offered by it.  It has worldwide reputation as an educational institution.

On 16.11.2022, the Respondent filed complaint to NIXI under INDRP for cancellation of disputed domain name or transfer to the respondent on the ground that it is identical or confusingly similar to the trademark or service mark.  The trademark has been registered or used in bad faith  by the Petitioner.

By the email dated 6.4.2023, the parties were informed about the Award for transfer of domain name to the Respondent.  This was challenged under Section 34 of the AA.

HELD that the dispute in the present case is clearly “in connection with IN” domain name and arises out of registration as also use of such a domain name in terms of Clause 2 of INDRP  Policy.  It was seen that the arguments of the petitioner show scant regard for the limited scope of intervention with international commercial arbitration award or process of the Court, pleas have been advanced contrary to the record and attempts were made to mislead the Court.

Judgment dated 31.1.2024 in O.M.P. (COMM) No.290 of 2023 of Kashmir Harvard Educational Institute Vs. President and Fellows of Harvard College

 

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