LENS COM, INC Vs. JU J FRIEND INTERNATIONAL

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner, Lens. Com, Inc challenging the arbitral award dated 29th June, 2015 passed by the Sole Arbitrator. The arbitration was conducted under the '.In Domain Name Dispute Resolution Policy (INDRP)' published by the National Internet Exchange of India (NIXI).

(2.) The petitioner, claiming itself to be a renowned Multinational Company incorporated in USA and dealing in online business of selling contact lenses to the consumers in North America and globally, filed a complaint before NIXI against the respondent seeking transfer of the domain name 'lens.in' registered in favour of the respondent.

(3.) In the complaint, it was alleged that the petitioner has been operating the portal 'www lens.com' from 1999 in the United States of America and various other countries. It was further alleged that the petitioner is the registered proprietor of the trademark/service mark and domain name 'lens.com' in various countries. The petitioner filed the complaint invoking para 4 of the INDRP to seek the transfer of the domain name 'lens.in' from the respondent to the petitioner.