The Complainant is Puravankara Projects Limited of Bangalore, Karnataka, India, just lost a UDRP on the domain name purva.com which turns out to be a pretty interesting case with a long fact pattern.
The domain was orinally owned by the Complaintant who lost it many years ago do to non-renew it appears.
The domain was acquired by the domain holder in May 2012 Namejet.com auction and wound up going to a Godaddy placeholder around the time the UDRP was filed.
Compared to yesterday’s decision on NiceCar.com in which I called the panelist lazy, this panelist Tony Willoughby, spent a lot of time and thought in coming to a decision.
The panelist left the door open for the Complainant to come back and refile a UDRP depending on the future use of the domain.
Here are the relevant facts and finding by the panel:
The Complainant is an industrial company incorporated in India in 1986 and engaged in the fields of property construction and development. It is based in Bangalore. From the financial reports and other company literature annexed to the Complaint it is apparent that the Complainant is in a substantial way of business and has a number of subsidiary or associated companies whose company names commence with the name, “Purva”.
The Complainant is the registered proprietor of two Indian trade mark registrations for the word mark PURVA, namely:
No. 1182590 dated March 12, 2003 in class 19 for “building material, natural and artificial stone, cement, lime, mortar, plaster and gravel, peipes (sic) of earthenware or cement and other items used for construction purposes included in class 19”
No. 1266091 dated February 9, 2004 in class 37 for “building construction repair, installation services”.
The Complainant is also the registrant of a number of domain names comprising or incorporating the name, “purva”.
However, its principal operating website appears to be connected to its domain name, <puravankara.com>. At that website details appear of the Complainant’s development projects, most of which have names incorporating the name “Purva” (e.g. “Purva Vantage”, “Purva Grande”, “Purva Riviera”). The website also features details of the Complainant’s “Purva Interiors”, “Purva Value” and Purva Advantage” services, the last of which features a Purva Advantage Card entitling the holders, owners of a “Purva Home”, to various benefits.
The Domain Name was first registered on March 28, 2000.
It is not known who the original registrant was, but it appears from the Internet Archive WayBackMachine that between 2002 and April 2005 it was being used to connect to a website of the Complainant.…
