Decisión del Panel Administrativo nº D2018-0665 of WIPO Arbitration and Mediation Center, May 25, 2018 (case Bharti Airtel Limited v. Kannadhasan Krishnan)

• Resolution Date: May 25, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Bharti Airtel Limited v. Kannadhasan Krishnan

Case No. D2018-0665

1. The Parties

The Complainant is Bharti Airtel Limited of New Delhi, India, represented by Inttl Advocare, India.

The Respondent is Mr. Kannadhasan Krishnan of Kallakurichi, Tamil Nadu, India.

2. The Domain Name and Registrar

The disputed domain name [airtelinternettv.com] is registered with GoDaddy.com, LLC (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 26, 2018. On March 26, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 27, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Complainant filed an amended Complaint on April 3, 2018, to correct an administrative formality.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on April 5, 2018. In accordance with the Rules, paragraph 5, the due date for Response was April 25, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 26, 2018.

The Center appointed Harini Narayanswamy as the sole panelist in this matter on May 18, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

The Complainant is a leading telecommunication service provider and its business is associated with its flagship trademark AIRTEL. The Complainant owns many registered AIRTEL trademarks and AIRTEL formative marks in India. Some of these are:

Registration Number	Trade Mark	Class	Registered with Effect From
828306	AIRTEL GOOD MORNING DELHI	9	November 19, 1998
896532	AIRTEL SMARTNET	9	July 1, 2000
904078	AIRTELINK	9	February 17, 2000
934131	AIRTEL SMART NET	9	June 23, 2000
954260	AIRTEL DIRECT	9	September 8, 2000
1256043	AIRTEL	38	December 18, 2003
1401344	AIRTEL3G	9	November 25 , 2005
1401346	AIRTELTHREE	9	November 25 , 2005
1491630	AIRTEL MUSIC SEARCH	38	September 27, 2006
1623142	AIRTEL	41	November 21, 2007
2022313	airtel (with device)	38	September 14, 2010
2022314	airtel (with device)	41	September 14, 2010

The Complainant's international registered AIRTEL trademarks are:

Registration Number	Trade Mark	Class	Jurisdiction	Registered with Effect From
3625337	AIRTEL	38	United States of America	May 26, 2009
006545362	AIRTEL	38, 41, 42	European Union	April 15, 2008
301030922	AIRTEL (logo)	38	Hong Kong	January 14, 2008
T080242E	AIRTEL (logo)	38	Singapore	February 20, 2008
41687	AIRTEL (logo)	38	Ghana	October 22, 2010
0069547	AIRTEL (logo)	36, 38	Kenya	October 25, 2010
01822	AIRTEL (logo)	9, 25	Malawi	October 22, 2010
19056	AIRTEL	8	Sierra Leone	April 8, 2010
542	AIRTEL (logo)	38	United Republic of Tanzania	November 26, 2010
1958	AIRTEL (logo)	38	Zambia	October 22, 2010
65073	AIRTEL	38	OAPI	July 6, 2010
11939	AIRTEL (logo)	38	Madagascar	August 16, 2011

The Complainant has pending applications in India for the following trademarks:

Application Number	Trade Mark / Logo	Class
3745170	AIRTEL INTERNET TV	09, 38
1931419	AIRTEL WORLD SIM	38
2358782	AIRTEL DIGITAL TV (device)	41
2358777	AIRTEL DIGITAL TV (device)	38
2358779	AIRTEL DIGITAL TV HD (device)	38
2358784	AIRTEL DIGITAL TV HD (device)	41

The Respondent registered the disputed domain name [airtelinternettv.com] on May 15, 2017. The disputed domain name resolves to a landing page provided by the Registrar.

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