Decisión del Panel Administrativo nº D2018-0665 of Tribunal Arbitral de la OMPI, May 25, 2018 (case Bharti Airtel Limited v. Kannadhasan Krishnan)

Defense:Kannadhasan Krishnan
Resolution Date:May 25, 2018
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[airtelinternettv.com]

 
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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
2358
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