Exploring the Intricacies of Domain Name Dispute D2018-2263
- by Staff
In the domain name dispute case D2018-2263, the complainant, Vrindavan Today Foundation, an Indian charitable foundation, contested the domain name “vrindavantoday.org”, which was registered with NameCheap, Inc. The respondent was Alexander Shenkar of Vrindavan Today in Dallas, Texas, United States. The complaint was filed with the WIPO Arbitration and Mediation Center on October 5, 2018.
The core of the dispute revolved around the domain name that included the word “Vrindavan” combined with “today”. Vrindavan, a place in India, holds spiritual significance, and both parties were involved in promoting spiritual enlightenment. The domain name was initially registered in 2010 and was used for a blog or website with spiritual content. The complainant was established in 2014 and also aimed to promote spiritual enlightenment.
The complainant claimed that they had operated a news website linked to the disputed domain name since 2010, despite being established only in 2014. They based their claim on a trademark application for “Vrindavan Today” filed in India. However, this application was contested for lack of distinctiveness. The respondent, a Hare Krishna monk, acquired the domain name in June 2015 and used it for similar spiritual purposes. He claimed his intentions were to connect the worldwide devotee community to the sacred space of Vrindavan.
The panel, led by Nick J. Gardner, found the complainant’s evidence insufficient to establish trademark rights within the meaning of the policy. The case was complicated by the involvement of various individuals and a lack of clear explanations about their roles. The panel concluded that the complainant failed to prove their case, and the complaint was denied. This decision highlights the complexities involved in domain name disputes, especially when spiritual and geographical significance intertwine with digital assets.
In the domain name dispute case D2018-2263, the complainant, Vrindavan Today Foundation, an Indian charitable foundation, contested the domain name “vrindavantoday.org”, which was registered with NameCheap, Inc. The respondent was Alexander Shenkar of Vrindavan Today in Dallas, Texas, United States. The complaint was filed with the WIPO Arbitration and Mediation Center on October 5, 2018.…