Noida District Court Stays National Arbitration Forum (NAF) Panel Decision of Domain Names remit2.home.com and remit2home1.com
Noida District Court Stays National Arbitration Forum (NAF)
Panel Decision of Domain Names remit2.home.com and remit2home1.com
Lawarcade.com, New Delhi; the District Court of Noida (Uttar Pradesh) has stayed the execution of decision of Sandra J. Franklin, the sole penalist who ordered the transfer of Domain Names remit2home.com and remit2home1.com in favour of Remit Home Corporation vide its decision dated 21st February, 2008.
Times of money who owned the disputed Domain Names has recently filed Section 34 Petition under the Indian Arbitration and Conciliation Act, 1996 which the Court has registered and has issued stay notice to the execution of the transfer of disputed Domain Names.
In the complaint filed by Remit Home Corporation through A. Dennis Reis, complainant contended that respondents Domain Names were confusingly similar to complainant’s REMIT HOME mark. They also contended that respondents have registered disputed Domain Names remit2home.com and remit2home1.com in bad faith.
However, the respondents through Rodney D. Ryder (Foxmandal Little & Co.) contended that the disputed Domain Names are the natural extension of respondent’s brand “remit2india†and respondents have been operating the disputed Domain Names since 18th December, 2006. The main ground invoked by Times of Money under Section 34 Petition was that National Arbitration Forum had errored grossly by quoting various case laws in support of its award related to cyber squatters and applied in a case wherein the Domains have not been registered with an intention to earn profits or to sell the Domain Names or to encash upon the goodwill and reputation of the complainants.
Technorati Tags: naf, times of india, remit to india,
