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May 21, 2020

INCASE Brand recognised for fame and repute wins domain dispute for incase.in

ALG recently secured a win for its client, Incase Designs Corp. (Complainant), an award-winning designer and manufacturer of lifestyle and technology protection products, against the unauthorized registration and use of the domain name <incase.in>.

The Complainant adopted the INCASE mark in 1997, and owns trade mark registrations for the INCASE mark within and outside India. The Complaint’s website is hosted at www.incase.com.

The Respondent registered the disputed domain name <incase.in> in June 2014. The Respondent, in the reply to the complaint, stated that the intention was to create a portal that would highlight various cases and judgments in India. The Respondent also claimed that the word “incase” is a dictionary word. Lastly, the Respondent contended that it has unknowingly protected the Complainant’s rights in India, and offered to transfer the disputed domain name for monetary compensation.

The Arbitrator observed that the Complainant successfully established all grounds under the INDRP Rules of Procedure. The Arbitrator noted that the there is no use of the domain with a bona fide offering of goods and services. It was observed that given the fame and repute of the Complaint’s INCASE brand, the Respondent is deemed to have knowledge of it. It was further pointed out that INCASE is not a dictionary word, and is rather a combination of two dictionary words. It was noted that the Respondent did not commence any portal to showcase cases and judgements in India, nor demonstrated any preparations for such a portal, rather the webpage hosted at www.incase.in carries sponsored listings and advertisements that re-direct internet users to various websites including those of the Complainant’s competitors. The Arbitrator, while arriving at the decision ordering the transfer of the disputed domain name to the Complainant, also took into account the Respondent’s failure to address the allegations of bad faith.

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