Breitling SA files twin Domain Disputes under INDRP

Breitling SA is a watch manufacturing company. It designs, engineers, manufactures and distributes chronometer watches. Breitling is a privately owned company founded in 1884 in Grenchen, Canton of Solothurn, Switzerland. The last domain dispute filed by the company was for breitling.info way back in 2004, that was terminated.

On 30 March 2015, it filed for Domain Dispute under .IN Domain Dispute Policy (INDRP) for the .IN Domains with Nixi:

• breitling.in
• breitling.co.in

While no doubt they are based upon registered Trademark in Germany and various other jurisdictions. Further, both domains have parked pages at Name.com and Bodis.com respectively, displaying competitive advertisements and one of them (.co.in) has been put up for sale. This all goes against legitimate use and proves Bad Faith!

Therefore, the following basic conditions of .IN Domain Dispute Policy seem to be satisfied and in no case transfers can be denied:

(i) the Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;

(ii) the Registrant has no rights or legitimate interests in respect of the domain name; and

(iii) the Registrant’s domain name has been registered or is being used in bad faith.

Also, in the matter of breitling.co.in, the Respondent (namely GaoGou – YERECT INTERNATIONAL LIMITED of Toronto, Canada) has already have numerous INDRPs against him including penalty of Rs 10 lakhs in the last matter of zanussi.in (INDRP/630) but maybe operating under false WHOIS, the Domain Registrant is unmoved. The following INDRPs have already been decided against him in the last one year or so…

1. INDRP/576 – Capitaliq.in
2. INDRP/613 – buscopan.in
3. INDRP/624 – anthropologie.co.in
4. INDRP/630 – zanussi.in