Nalli is world renowned brand, when it comes to Indian Traditional wear for women like Silk Sarees. It was founded in 1928 and incorporated as Company in 1993, with first trademark application made in India in 1993 under class 24.
Nalli Silk Sarees Pvt. Ltd. have recently filed for UDRP / Domain Name Dispute over NalliGroup.com (WIPO Case No D2019-2642). The proceedings in the matter commenced on 08th November 2019, have been filed in the name of its founder Mr Nalli Chinnasami Chetty. Though his grandson Mr NARAYANASWAMY KUPPUSWAMI CHETTI is one of the director of the Company as on date.
This is the third UDRP filed by an Indian Company in recent times, after OYO Rooms filed it’s first ever UDRP over OYOLife.com in August 2019 and Naturals filed over Naturals.com in October 2019.
There is no doubt that NALLI has been in operation since 1928, owns NALLI.com and has Trademarks registered all over the world including India and Canada.
In India, it has mainly the following valid Trademarks under class 16 and 24:
Word Mark NALLI”S
Appl. No. 606409 Class : 24
Appl. Date 10/09/1993
Proprietor NALLI SAMBBASIVM
Journal No. 1213-0 Journal Date : 16/12/1999
Used Since 01/01/1981 Valid Upto : 10/09/2023
Goods & Services Description SILK SAREES AND TEXTILES GOODS FOR SALE EXCEPT IN THE STATE OF TAMILNADU
Word Mark NALLI
Appl. No. 903809 Class : 16
Appl. Date 16/02/2000
Proprietor N. KUPPUSWAMI CHETTIAR
Journal No. 9999-2 Journal Date : 25/09/2003
Used Since 26/01/1935 Valid Upto : 16/02/2010
Goods & Services Description paper, cardboard and goods made from these materials, not included in other classes; printed matter
Though the Respondent is from Canada, where the Complainant holds valid Trademarks. But the most interesting part of the WHOIS information of the Respondent is that his Last Name is Nalli…
Last available WHOIS for the Domain Name:
Name: Anthony Nalli
Organization: FourPoints Multimedia Corp
Street: 6-295 Queen St. E., #390
Postal Code: L6W4S6
Mr Anthony Nalli is a famous personality, being an Executive Producer & Host at The RVers TV, Canada.
Now as per the UDRP condition, this proves legitimate interest on the part of the Respondent as he holds domain name because he is known by it and not because he had any notice of the Complainant’s Trademark… therefore protected under the following clause:
Clause 4 (c) (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights;
The case is definitely in Mr Anthony Nalli’s favor, even if Respondent do not file the response. But the case for concern is the fact that India companies are still trying to go after .COMs even after having proper knowledge of UDRP laws. And the result in such case is mainly a RDNH (Reverse Domain Name Hijacking)… and an entry in UDRP’s Hall of Shame !
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