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http://arbiter.wipo.int/domains/decisions/html/d2000-0479.html ADMINISTRATIVE PANEL DECISION Tata Sons Limited v. D & V Enterprises Case No. D2000-0479 Re: Pornographic Web site - www.bodacious-tatas.com

  1. Domain Name "Identical or Confusingly Similar"

It is clear to the Panel that an integral part of the Domain Name registered by the Respondent in this case, namely "tatas," is confusingly similar, and almost identical, to the Complainant's TM TATA. It is true, of course, that the Respondent, in its Domain Name registration, has used "tata" plus the addition of the letter "s" whilst the Complainant's trademark has no "s." This, however, is of no benefit to the Respondent. In the Complainant's submission, which is amply substantiated by copies of articles and reports submitted (see: Complaint - Annexures "E" and "F") the Tata Group of Companies is collectively referred to as "Tatas" throughout the world.

One might think, nevertheless, that the inclusion of the word "bodacious" in the domain name registered by the Respondent, taken together with the addition of the letter "s" to TATA, could create a sufficient distinction, for trademark purposes, between the Complainant's TM TATA, on the one hand, and the Respondent's Domain Name on the other. Such a contention, however, is untenable in the view of the Panel, by virtue of the very high level of goodwill that...

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