The domain name dispute case D2018-2325 involved The Indian Hotels Company Limited (Complainant) and Roger Price (Respondent). The disputed domain name was , registered with TurnCommerce, Inc. DBA NameBright.com. The Complainant, part of The Tata Group and operator of various hotel brands, claimed common law trademark rights in INDIAN HOTELS. The Respondent, based in the UK, used the domain for an India-specific travel website affiliated with Booking.com.

The Complainant argued that their long history and use of “INDIAN HOTELS” since 1902 established their rights in the term, and that the Respondent’s use was misleading and dilutive. The Respondent countered that “indianhotels” was generic, not exclusively associated with the Complainant, and used legitimately for promoting hotel bookings in India.

Ultimately, the WIPO Panel found that the Complainant failed to establish common law trademark rights in “INDIAN HOTELS” prior to the Respondent’s domain acquisition. While recent usage (post-2016) of the term was noted, evidence was insufficient to demonstrate that “INDIAN HOTELS” had become a distinctive identifier associated with the Complainant’s services. Thus, the Panel concluded that the Complainant did not satisfy the first element of the UDRP.

The Complainant argued that their long history and use of “INDIAN HOTELS” since 1902 established their rights in the term, and that the Respondent’s use was misleading and dilutive. The Respondent countered that “indianhotels” was generic, not exclusively associated with the Complainant, and used legitimately for promoting hotel bookings in India. Ultimately, the WIPO Panel…