BRIGHT SIMONS Vs. SPROXIL,INC

JUDGEMENT

(1.) I.A. 774/2020 (Delay)

(2.) The facts necessary for the disposal of the present petition are that the Petitioner is the president of mPedigree Network which is involved in the development of a range of software products and services in various industries across several countries. Respondent No.1 is a company incorporated under the laws of Delaware, USA, providing brand protection services in certain African countries as well as in India. The Petitioner registered the Disputed Domain Name, 'sproxil', on 23/10/2013 and on 6/11/2014, the Respondent No.1 sent a cease and desist notice to the Petitioner alleging that mPedigree as well as the Petitioner have been making unlawful use of Respondent No.1's trademarks and web domains, which Respondent No.1 claims to have been in use and occupation since 2011, i.e., two years prior to the date of registration by the Petitioner.

(3.) Subsequent to this, on 3/2/2015, Respondent No.1 filed a complaint before National Internet Exchange of India (hereinafter referred to as 'NIXI') in respect of the disputed domain name. Arbitration proceedings were conducted pursuant to the First Complaint and an arbitral award was passed. This arbitral award was set aside by the Delhi High Court by its judgment dtd. 9/5/2018 on the grounds that the impugned arbitral award was passed without complying with the principles of natural justice.