Indian textiles firm tries reverse domain hijacking

The domain included the registrant’s last name and a business field unrelated to that of the Complainant.

A World Intellectual Property Organization panelist has found (pdf) Nalli Chinnasami Chetty to have engaged in reverse domain name hijacking.

The Indian textiles and clothing firm filed a cybersquatting complaint against the domain name nallifinancialservices .com.

Jennifer Nalli, who resides in the United States, stated she registered the domain since she worked in financial services and was starting a business.

Panelist Steven A. Maier wrote:

Even without the Respondent’s informal submissions in this case, the Panel would have harboured misgivings as to whether the Complainant had established the second element under the Policy. While being registered by the Complainant in connection with clothing, textiles and related products, the term “Nalli” is a personal name, and one which appears to be the surname of the Respondent (as was confirmed by the Registrar). Furthermore, the use of that name in connection with financial services would not have suggested to the Panel that the Respondent was, or was more likely than not to have been, necessarily aware of the Complainant’s NALLI trademark, and that she registered the disputed domain name in order to target the goodwill attaching to that trademark.

He noted that the case was brought (or, at least continued) in bad faith based on the registrant’s identity and her surname. Complainants can withdraw cases once the identity of the registrant is disclosed.

De Penning & De Penning represented the Complainant.