IndianOil.Org Lost In A WIPO Decision: Is IndianOil.com Next?

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The domain name Indianoil.org was award to Indian Oil Corporation (IOC) in a WIPO decision .

The decision seems to be unpublished but in a story appearing in  the hindustantimes.com, it appears a one member panel concluded that:

“IOC has the exclusive right to use the domain name as it is a well-known company.”

The trademark, ‘INDIAN OIL’, registered in 1986, while the domain holder registered the domain in 2005.

The domain holder apparently did not file a response to the complaint.

Of course while a trademarked term, their is such a thing as Indian Oil and therefore the term is also generic:

See:

http://www.businessweek.com/news/2011-01-28/iran-may-halt-india-oil-supply-in-2-weeks-amid-gridlock-update1.html

There is another separate case filed for the domain name Indianoil.com by IOC.

Indianoil.com is under privacy with Hitfarm servers and has a creation date of 2001.

The domain although parked currently has no links to anything related to oil or gas

We will let you know how that one comes out once it is decided

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

Comments

  2. Rich says

    Mike,
    If indianoil.org would have a blank page or “sorry the site is NOT currently available” in that case, do they still take the domain away?

  4. MHB says

    Rich

    While it is impossible to know how this case would have came out if the use of the domain was different, WIPO panels have taken domains away that were not in use and went to a blank page, citing failing to use the site as bad faith as well.

    Being that this domain was registered 6 years ago I’m not sure a blank page would have helped

    Panels have also taken domains away that were never “activated” and had a registrar’s placeholder up as well

  5. em says

    Another case where the TM office gaffed. Giving TMs to generic terms (and yes the generic term was there first) only creates problems. I don’t think it’s difficult to decipher between between brands and generics. You’d think they could pay someone, an expert, to do this.

  6. Jay M says

    I own a gas station under Indian Oil Corporation as a dealer, and might be able to help you save IndianOil.com or other related “Indian Oil” names.. just ask away for help 🙂

  7. Rich says

    Thankyou Mike,UDRP
    Then i have a problem.i bought homegoods.co with the idea that i will sell vanities ,bathroom stuff.Today i check the TM and they pretty much monopolize
    the houseing market.I took off my park page , but getting the info from you i’m in a worst shape then yesterday.I tough generic names are more doable.