In a decisive and resounding victory for educational institutions protecting their intellectual property rights, Galgotias University, a premier international educational institution based in Greater Noida, Uttar Pradesh, India, has successfully secured the rights to a crucial domain name, through the Uniform Domain-Name Dispute-Resolution Policy [eUDRP]. In this matter, Galgotias University was represented by Scriboard, Advocates and Legal Consultants. The matter was decided by an expert arbitrator appointed by the WIPO [World Intellectual Property Organisation] Arbitration and Mediation Center, Geneva. The domain, previously held by a cybersquatter, was critical to the University’s brand identity and digital presence.
The UDRP Panel concluded that the domain name was registered in bad faith and bore a confusing similarity to Galgotias University’s trademarks. The Panel held that Galgotias University “established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name” and that “there is no evidence that the Respondent has used the disputed domain name in connection with a bona fide offering of goods or services, nor that the Respondent has been commonly known by the disputed domain name.” Moreover, the Panel stated that “…the composition of the disputed domain name, which is identical to the Complainant’s GALGOTIAS UNIVERSITY trademark, carries a high risk of implied affiliation to the Complainant that cannot constitute fair use.”
Finally, the Panel also held that “In the present case, the Panel notes that the Respondent intentionally attempted to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s mark. The disputed domain name was registered more than a decade after the Complainant first registered its GALGOTIAS and GALGOTIAS UNIVERSITY trademarks. The disputed domain name is identical to the Complainant’s mark and therefore implies a connection to the Complainant.” This decision firmly cements Galgotias University’s ‘Galgotias’ and ‘Galgotias University’ trademarks as well-known marks that are also names to be reckoned with on a global scale.
Dr. Dhruv Galgotia, CEO at Galgotias University, stated, “We are delighted with this decision, which reinforces the sanctity of intellectual property rights in the digital age. This is not just a win for Galgotias University but serves as a benchmark for other institutions grappling with similar challenges.”
Mr. Rodney D. Ryder, Managing Partner, Scriboard [Advocates and Legal Consultants], who represented Galgotias University in securing the domain name, added, “This decision reinforces the importance of proactive IP enforcement, and we are proud to support Galgotias University in setting a precedent that helps define clear boundaries in cyberspace, particularly for educational institutions”.
For further information, please contact: [Rodney D Ryder / Scriboard. 9811013560. Email: rodney@scriboard.com]
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