4TWENTY LIFESTYLE LLP Vs. SOCIAL ORGANICS PVT LTD

JUDGEMENT

(1.) The present appeal has been filed under Sec. 37(1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') against the judgment dtd. 9/5/2023 passed by District Judge (Commercial Courts ' 03), Patiala House Courts, New Delhi in O.M.P. (COMM) 13/2022, M/s Social Organics Private Limited Vs. A.W. Alliance and Others. By way of the impugned judgment, the learned District Judge has set aside the amended award dtd. 22/7/2021 passed by the learned arbitrator, which was in favour of the appellant herein.

(2.) As per the case canvassed before this Court, the respondent no.1 herein filed a complaint on 24/3/2021 before the IN Registry of National Internet Exchange of India (NIXI) under Indian Domain Name Dispute Resolution Policy (INDR Policy). As per the said complaint, respondent no.1 was a registered proprietor of trademark 'SLIMJIM', claiming to use the said trademark from 14/2/2013 in respect of Cigarettes, Tobacco, Cigarette Paper, Tobacco Paper, Rolling Paper, Smoking Paper, Tobacco Filters, Cigarette Filters, Filter Rods, Filter Buds, Smoker Articles and other tobacco related articles and accessories. Since as per the data available with the WHOIS website (an Internet Service used to look up information about a domain name), the domain name SLIMJIM.IN was registered in the name of A.W. Alliance, respondent no.2 herein, respondent no.1 filed a complaint to NIXI.

(3.) In the complaint to NIXI, it was claimed that the domain name SLIMJIM.IN was visually, phonetically and structurally identical to the registered trademark 'SLIMJIM' of the respondent no.1 in respect of its goods. The respondent no.1, thus, claimed that the Registrant, i.e., respondent no.2 herein had no rights or legitimate interest in respect of the said domain name and that Registrant's domain name had been registered or was being used in bad faith.