Khaitan Co represent Mahindra in cybersquatting case

Khaitan & Co Partner Nikhilesh Panchal has led auto giant Mahindra & Mahindra to victory in a ‘cybersquatting’ dispute. Mahindra had filed a complaint against Zach Segal for registering the domain name, “mahindraforum.com.” The Arbitration and Mediation Centre at WIPO found that the domain name had been chosen and employed only for its potential commercial value and ordered Segal to transfer the domain name to Mahindra..Khaitan & Co Partner Nikhilesh Panchal has led auto giant Mahindra & Mahindra to victory in a ‘cybersquatting’ dispute. Mahindra had filed a complaint against Zach Segal, a resident of Naples, Florida for registering the domain name, “mahindraforum.com”..Mahindra filed a complaint at the WIPO disputing ownership of the domain name and contended that the name was confusingly similar to the name of the auto giant, and that the individual had no rights or legitimate interests in registering said domain..On July 6, 2009, Zach Segal indicated that he was willing to relinquish control of the domain name in favour of Mahindra. He stated that he did not wish to contest the Complaint and requested that there be no final decision. However, notwithstanding Segal’s willingness to transfer the domain name, Mahindra decided to await the decision of the administrative proceeding..The Arbitration and Mediation Centre at WIPO found that the domain name had been chosen and employed only for its potential commercial value. Cybersquatting is the activity of purchasing and registering a domain that is the name of an existing entity or a well-known person with an intention to mislead internet users, and of selling it to the rightful owner for wrongful monetary gain. The Centre found Segal guilty of cybersquatting and ordered him to transfer the domain name to Mahindra..Mr. Panchal informed Bar & Bench, “This is not the first such order to be passed by the WIPO, or relating to an Indian entity. It is just that publicising such orders instills confidence in the public. Also given that the fee charged by the WIPO is nominal, enforcing one’s rights is not an expensive affair.”.Khaitan & Co. had also previously advised Mahindra in a complaint filed against Portfolio Brains LLC., Los Angeles, this April. WIPO concluded that Portfolio Brains was squatting on the domain name “mahindralogistics.com” and ordered a transfer of the domain in favour of Mahindra.