.IN Domain Name Dispute Resolution Policy (INDRP) Decision
MAKEMYTRIP (INDIA) PVT. LTD. v. Vinay Singh
INDRP Case no: INDRP/303
Disputed Domain Name: www.makemytripindia.in
Arbitrator: Mr. V. SHRIVASTAV
Complainant: MAKEMYTRIP (INDIA) PVT. LTD., India
Respondent: VINAY SINGH, India
Response: None, Ex-parte Order
Decision: Transfer of domain name
Facts of the Case:
Complainant, MakeMyTrip (INDIA) PVT. LTD., largest on-line travel portal, came into being on 13th April, 2000 in India and it is among the leading on-line portal and was founded to empower the Indian traveller with fast on-line reserving and numerous selections. Initially, the complainant targeted NRI market within the United States, servicing primarily their need for US-India inbound travel arrangements.
MakeMyTrip commenced their Indian journey with the launch of its India based web site in 2005 and in the course of the first few years of its operations, it invested vital capital in its infrastructure in addition to in promotion, advertising and marketing efforts build and acquire recognition/reputation.
MakeMyTrip has designed its web sites to offer its clients with a pleasant experience. According to survey, www.makemytrip.com was the second most visited travel portal in India (after the Indian Railways’ site) continuously from 2007 to 2009. In 2010, 1.6 million transactions for domestic air tickets in India had been booked via the complainant’s travel web site and it generated $31.1 million in income, which rose as much as $47.6 million within 2011.
MakeMyTrip, at the moment operating the web sites www.makemytrip.com and related sub-domain us.makemytrip.com) and www.makemytrip.ae, servicing the Indian customers as well as outbound market, in addition to serving few neighbouring international locations. The complainants have provided details of trademarks owned by them.
It is claimed that the trademark “MakeMyTrip” is an invented set of keywords forms main feature of MakeMyTrip’s company title, In the circumstances, the Complainant’s trademark, “MakeMyTrip”, is an internationally well-known mark Further, the Complainant has additionally registered many more domain names – Makemytrip.com, makemytrip.net, makemytrip.org, makemy-trip.net.in, makemytrip.co.in, Make-my-trip.net.in, Makemy-trip.in, makemy-trip.co.in, Makemytrip.co.uk, Makemytriphpotels.com, makemytripdeals.com, makemytrips.org, makemytrip-mail.com, Makemytrip.hk, makemytrip.ae, makemytrip.ca, makemytripmails.com, Makemytrip.eu, Makemytrip.tw, Makemytrip.sg, Makemytrip.my, Makemytrip.fr and so on. The complainants have further provided a comprehensive listing of varied awards received by them. The Complainants allege that the disputed domain names are identical and confusingly similar to the trademarks of the Complainant and it capitalizes on the usage of the trademark, commerce name, company name and domain name of the Complainant and the usage of such a deceptive term solely adds to the confusion in the minds of an Internet person that these domain names are related to the Complainant.
Discussion & Findings
(i) Identical or confusing similarity:
The Respondent in registering a domain name comprising completely of, and identical to the Complainant’s well-known trademark in its entirety and in a fashion clearly meant to cause confusion/deception as to the origin of such domain name, creates an irrefutable impression of an association/ sponsorship/ relationship between the Complainant and Respondent.
(ii) Legitimate Interests:
Respondent has no rights or legitimate interests in the disputed domain name and has used the phrase “MakeMyTrip” to falsely point out that he has a commerce nexus with the Complainant, whereas, in actual fact, the Respondent has no such relationship with the Complainant.
Furthermore, there isn’t any component displayed on the web site of Respondent that will directly or indirectly justify the usage of the phrase “MakeMyTrip” inside the disputed domain name registered by the Respondent. Respondent’s web site hosts some information, which is in any case, irrelevant to advertise itself as a travel portal, associated in some manner to the Complainant herein, which is clearly not the case. Further, the Respondent’s web site and its information over the website have been hosted with the calculated intent of squatting upon the Complainant’s diverse intellectual property rights.
It is urged that the trademark is exclusive to the Complainant and the Complainant has not approved or licensed its use by the Respondent, Further, the Respondent’s method of usage of Complainant’s mark is more likely to cause appreciable business loss to the Complainant and trigger irreparable dilution to their goodwill globally.
The Respondent s have relied upon domain dispute decisions (Telstra Corporation Limited v. Nuclear Marshmallows D2000-0003.)(WIPO Decision) & (Rediff.Com India Ltd Vs Abhishek Verma and Anr INDRP/001); ACCOR v. Tigertail Partners, D2002-0625 (WIPO Decision) & Microsoft Corporation vs. Yan We/ INDRP/145.
(iii) Bad Faith:
The disputed domain title has been registered and is being utilized in bad faith because the Respondent’s web site purports to supply services identical to that of the Complainant and the only real intention of the Respondent is to capitalize on the Complainant’s well-known mark, and to mislead internet customers looking for a similar and take undue advantages from this exercise.
This Tribunal has given anxious consideration to the allegations of the complainants and notes that the Respondent regardless of being conscious of the said proceedings and regardless of being called upon by this Tribunal to provide his Statement of Defense selected to not give any and therefore the allegations of the complainants stay unrebutted. Be it that as it might, in view of the undisputed weighty proof of the Complainants this Tribunal holds that the respondents didn’t have any declare on the domain name <makemytripindia.in>, therefore, this Tribunal directs the Registry to transfer the domain name < makemytripindia.in.in> to the complainants.
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