MICROSOFT CORPORATION Vs. ZOAI FOUNDER

JUDGEMENT

(1.) By way of this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner challenges an award dtd. 18/2/2019, rendered by a learned sole Arbitrator under the '.IN Domain Name Dispute Resolution Policy' [hereinafter referred to as 'the INDRP"]. By the impugned award, the learned Arbitrator has declined the petitioner's claim for transfer of the disputed domain name- https://zoai.in/ by the respondent to it.

(2.) The petitioner claims to have diverse products and services, including computer software, computer services, devices, and other technological solutions, for which it is the owner of various trademarks, including the trademark 'Zo". It claims to have launched an artificial intelligence chatbot in December, 2016, named 'Zo".

(3.) The petitioner, therefore, made a complaint before the National Internet Exchange of India [hereinafter referred to as 'NIXI"] against the registration of the disputed domain name by the respondent. The dispute was to be resolved by an arbitrator appointed by NIXI, in terms of the INDRP. By a communication of the NIXI dtd. 31/12/2018, Mr. Ankur Raheja was appointed as the Arbitrator to adjudicate disputes relating to the disputed domain name-https://zoai.in/.