Rolls-Royce Motor Cars Ltd
Summit One, Summit Avenue, Farnborough,
Hampshire, GU14 0FB, Great Britain
77 Massachusetts Avenue, Cambridge
Massachusetts 02139 United States of America
Disputed Domain: ROLLSROYCEMOTORS.IN
The Complainant is a company incorporated under the laws of England and Wales. Their automobiles are sold under the famous brand name Rolls-Royce, which are based upon surnames of the company founders. The Trademark has been in use since early 1900 and is used as part of its Trade name and trade name of its affiliated companies around the world. The gross revenue of the Company in 2016 was in excess of GBP 440,000,000. Compay has invested large amount of resources in advertising and publicizing its goods and services under the Complainant’s ROLLS-ROYCE Marks.
The Complainant had registered ROLLS-ROYCEMOTORCARS.COM in the year 1996, and has huge number of visitors upon the website, which provides enormous amount of information with respect to the Complainant and it’s car under the Marks. In addition it also owns domains on .NET, .INFO, .BIZ TLDs and many ccTLDs like .IN , .FR, .DK, .CO.UK for similar keywords.
Complainant owns Trademark registration for the said mark in numerous countries and jurisdiction, including India, United Kingdom, European Union, Germany and USA, with the earliest Trademark registration dating back to year 1907. The Disputed Domain name ROLLSROYCEMOTORCARS.IN is similar to the Trademark of the Complainant.
The Complainant submits that ROLLS ROYCE are not part of Respondent’s personal name and the Domain has been registered after almost 100 years of it’s first registration. The magnitude and length of Complainant’s commercial activities and use of the Complainant’s ROLLS-ROYCE commercial activities and use of the Complainant’s ROLLS-ROYCE Marks could not have passed the registrant unnoticed.
Further, Respondent has just parked the website with third party links and an option to buy the Domain through SEDO network. The Complainant submits that the Complainant’s mark ROLLS-ROYCE Marks had become famous at the time Respondent registered the disputed domain name. The use of the Complainant’s ROLLS-ROYCE marks in the disputed domain is likely to mislead the public and Internet Users.
The Disputed Domain Name has never been put to use by the Respondent since registration and the absence of the use and passive holding of Domain Name has been recognized to constitute that a domain name has been registered and used in bad faith. Further, the registration of Domain Name has prevented Complainant from using the disputed domain name in connection with it’s goods/services in India.
The Respondent’s use of the Domain Name is bound to lead to confusion and deception in the minds of the public. The Complainant’s Rolls-Royce marks have been used extensively by the Complainant and under stood by the consumers, including those in India, as marks that identify the Complainant’s goods.
Respondent did not reply to the various opportunities provided by the Nixi Arbitrator. Therefore, the Arbitrator held that Complainant’s submissions have not been specifically rebutted by the Respondent, as such they are deemed to be admitted by him.
In view of the above facts and circumstances, it is clear that the Complainant has succeeded in its complaint. Therefore, Domain Name has been ordered to be transferred to the Complainant, with no order as to costs or penalty.
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