The INDRP decisions are cut short when the Respondent agrees to voluntarily transfer the Domain Name to the Complainant. As initially happened in the matter of marutieeco.co.in (INDRP/137; decided on April 24, 2010) by Arbitrator Mr. Nikilesh Ramachandran and also recently in the matter of nilsunpharma.in (INDRP/871; decided on April 8, 2017) by Mr. S. Sridharan.
But in the matter of kingston.in (INDRP/034; June 11, 2007) by Arbitrator Mr Bodhisatva Acharya, the matter was decided in approx 200-250 words as follows, though there was no settlement between the parties:
1- This complaint has produced before me on 16th April 2007, to decide the dispute concern the domain KINGSTON.IN (The Domain) whaich was registered with ENOM INC. (R46-AFN) in addition to this it was prayed therein that the Domain Name be transferred to the Complainant.
2- A notice was issued to the respondent through his e-mail on 7* May 2007 to submit his written statement within 7 days but he was failed to submit it then the 2nd notice was sent to respondent vide which he was again ordered to submit his written statement within 7 days then he sent an e-mail on 24/05/2007 answering that “We have decided that it is not worth our time or investment to contest this case.” After that there was no use to take more time in decision.
3- After having gone through all the records produced before me by the complainant and on a consideration of all aspects I have no hesitation to order that the respondent would not be entitled to use the Domain Name KCVGSTON.IN worldwide and will stop to use the said Domain Name in bad faith. I order to transfer the Domain Name KINGTONE.IN favour of complainant.
The Complaint is, thus, allowed and I make no order as to any compensation as well as to any costs.
The Domain Name is used by the complainant company Kingston Technology Company Inc. still by redirecting the said .IN Domain Name to .COM Domain Name !
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