An INDRP matter has been filed against a generic domain name lens.in which shows as being registered since 20 February 2005 and archive shows as continuous genuine use of the Domain name being made by some South Korean Mr Jinwon Chang, displaying his art work as Jinwon Chang Gallery.
And it is difficult to guess who the Complainant is, but the Trademark database search shows one Trademark LENS (device) filed in 2003 by Corning Incorporated – Application Number : 1214578
Word Mark : LENS (DEVICE)
Appl. No. : 1214578
Class : 9
Appl. Date : 15/07/2003
Proprietor : CORNING INCORPORATED
Journal No.: 1327-3
Journal Date : 17/01/2005
Status : Registered
Used Since : 31/12/1986 Valid Upto : 15/07/2023
Goods & Services Description : OPTICAL AND OPHTHALMLIC LENSES, LENS, BLANKS, OPTICAL INSTRUMENTS, SPECTACLES.
Also it is surprising, that how a Trademark Registration has been allowed for the above, where the Trademark is directly related to the Goods Description. Anyway, the legitimate use of the Domain name is being made, which can never prove against the second element of Policy, i.e Legitimate Interest/Use.
Though it all depends upon the facts submitted by the Complainant, which we are not aware of yet, so the decision would be interesting to watch !
30 June 2015: INDRP Decision in the matter of generic keyword – Lens.in… .IN Domain Name Lens.in registration cancelled under INDRP proceedings !
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