Thursday, November 12, 2009

Kotak Mahindra Bank wins cybersquatting case at WIPO

New Delhi, Oct 11 : Kotak Mahindra Bank has won acybersquatting case at the World Intellectual PropertyOrganisation (WIPO) against a South Korea-based person, whowas using the name 'Kotak' in an internet domain.

The ruling came after the private sector lender filed acomplaint before the Geneva-based WIPO on July 16 this year.

Y G Jo of Seoul was using the domain name 'kotakbank.com'about which the bank contended that the name is confusinglysimilar to its brand 'Kotak' and the website name has beenregistered in bad faith.

WIPO, a part of the United Nations, asked the Seoul-basedperson to transfer disputed internet site to Kotak MahindraBank.

Cybersquatting is an illegal activity for buying andofficially recording an address on the internet that is thename of an existing company or a well-known person, with theintention of selling it to the owner in order to make money.

WIPO's Arbitration and Mediation Centre found the domainname was chosen and employed precisely for its potentialcommercial value in misleading internet users familiar withthe complainant's well-known and arbitrary Kotak marks.

The bank holds a trademark registration for Kotak thatwas registered in the country on October 28, 2003.

WIPO is a specialised agency for developing a balancedand accessible international system in the field ofintellectual property rights

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