GULSHAN KHATRI Vs. GOOGLE INC.

JUDGEMENT

(1.) Is a "Googlee" a "wrong one" A cricket enthusiast will say, "Yes of course." In the virtual world too, the answer is well, yes, as the Petitioner, Mr. Gulshan Khatri found to his consternation, when he used it as a domain name: 'googlee.in'.

(2.) The cause for Mr. Khatri's angst is an Award dated 6th May, 2011 by an Arbitrator appointed by the National Internet Exchange of India ("NIXI"). The Arbitrator examined a complaint against Mr. Khatri by the Respondent Google Inc. USA (hereafter 'Google'). He agreed with Google that the domain name 'googlee.in' registered by Mr. Khatri was confusingly similar to Google's domain name. He directed that the infringing domain name 'googlee.in' be transferred to Google.

(3.) Mr. Khatri says Google protests too much about the letter 'e' being added to its domain name. He asserts that 'googlee.in' is not confusingly similar to 'google'. He says the Arbitrator got it wrong. He complains that the Arbitrator did not send him a copy of Google's complaint and therefore violated the principles of natural justice. He wants the Court to exercise its powers under Sec. 34 of the Arbitration and Conciliation Act, 1996 ("Act") and set aside the Award on the ground that it is opposed to the fundamental policy of Indian law. The Court declines. Read on to find out why.