Star India Private Limited v. Sumita Joshia / vijay
Claim Number: FA1406001562777
Complainant is Star India Private Limited (“Complainant”), represented by Bharadwaj Jaishankar of Saikrishna & Associates, India. Respondent is Sumita Joshia / vijay (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <lifeok.us>, registered with GoDaddy.com, LLC (“Disputed Domain Name”).
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Kendall C. Reed as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on June 4, 2014; the National Arbitration Forum received a hard copy of the Complaint on June 4, 2014.
On June 4, 2014, GoDaddy.com, LLC confirmed by e-mail to the National Arbitration Forum that the Disputed Domain Name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the U.S. Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On June 5, 2014, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 25, 2014 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@lifeok.us. Also on June 5, 2014, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
On June 4, 2014, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 25, 2014 by which Respondent could file a Response to the Complaint, was transmitted to Respondent in compliance with Paragraph 2(a) of the Rules for usTLD Dispute Resolution Policy (the “Rules”).
A timely Response was received and determined to be complete on June 22, 2014.
An timely additional submission was received from Complainant on June 27, 2014.
On July 2, 2014, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Kendall C. Reed as Panelist.
Having reviewed the communications records, the Administrative Panel (the “Panel”) finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the Policy, the Rules, the Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
1. Complainant is a group company of Star Group Limited (Star Group). Star Group owns and operates various branded television channels that offer a comprehensive choice of entertainment involving sports, movies, and documentaries.
2. Complainant also owns, manages and operates the LIFE OK channel. The LIFE OK channel is currently the fastest growing and widely viewed “Hindi General Entertainment Channel” in India.
3. Complainant owns registrations for the LIFE OK mark through its various registrations with the Government of India’s Trade Mark Registry (“TMR”) as well as through its registrations in other countries internationally.
a. India’s TMR (Reg. No. 2,223,099 registered October 20, 2011)
b. Hong Kong (Reg. No. 302,122,163)
c. United Kingdom Intellectual Property Office (“UKIPO”) (Reg. No. 2,605,380)
4. The Disputed Domain Name is identical to Complainant’s LIFE OK mark. Respondent uses Complainant’s LIFE OK mark in its entirety with the addition of the us- top level domain (“usTLD”) “.us.”
5. Respondent has no rights or legitimate interests in the Disputed Domain Name.
a. Respondent is in no way related to Complainant or its business activities nor is Respondent an agent of Complainant. Respondent’s WHOIS information for the Disputed Domain Name lists Respondent’s registration date as March 9, 2014.
b. Respondent is hosting an inactive website that resolves from the Disputed Domain Name.
6. Respondent has registered and is the Disputed Domain Name in bad faith.
a. The Disputed Domain Name directs to an inactive website.
b. Respondent had knowledge of Complainant and Complainant’s LIFE OK mark due to Complainant’s popularity amongst the Indian populace.
1. Respondent did not register and is not using the Disputed Domain Name in bad faith. Respondent registered the Disputed Domain Name because it was available on godaddy.com and Respondent “…found this [the Disputed Domain Name] attractive…”
2. Respondent agrees to transfer the Disputed Domain Name to the Complainant.
1. Respondent’s resolving website features a few sponsored links, indicating bad faith.
1. Complainant owns registrations for the LIFE OK mark through its various registrations with the TMR as well as through its registrations in other countries internationally.
a. India’s TMR (Reg. No. 2,223,099 registered October 20, 2011)
b. Hong Kong (Reg. No. 302,122,163)
c. United Kingdom Intellectual Property Office (“UKIPO”) (Reg. No. 2,605,380)
2. Respondent registered the Disputed Domain Name on March 9, 2014.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered or is being used in bad faith.
Given the similarity between the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the usTLD Policy, the Panel will draw upon UDRP precedent as applicable in rendering its decision.
Preliminary Issue: Consent to Transfer
When a respondent consents to the transfer of a disputed domain name, an analysis under the Policy is not necessary. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. V. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004)(“In this case, the parties have both asked for the domain name to be transferred to the Complainant…Since the request of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); Disney Enters., Inc. v. Morales, FA 475191 (Nat. ARb. Forum June 24, 2005)(“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
In the present matter Respondent has consented to the transfer of the Disputed Domain Name, and as such a full analysis under the Policy will not be undertaken.
On the basis for the foregoing the Panel concludes that relief shall be Granted.
Accordingly, it is Ordered that the <lifeok.us> domain name be TRNASFERRED from Respondent to Complainant.
Kendall C. Reed, Panelist
Dated: July 13, 2014
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page