Chinese cyber squatter of Indian domain name displaced In its recent order (Sony Ericsson Mobile Communications AB v. Chen Shenglu [2006 (33) PTC 597 (NIXI)]), the National Internet Exchange of India (NIXI) ordered that the domain name www.sonyericsson.co.in registered and owned by a Chinese citizen be transferred to the petitioner, a well-known mobile phone manufacturer and legitimate owner of the domain name, Sony Ericsson Mobile Communications AB. The petitioner had already registered the top level domain name (TLD) sonyericsson.com in over 100 country countries and also the country code TLD in several countries such as the United Kingdom, France and Germany (sonyericsson.co.uk, sonyericsson.fr, sonyericsson.de etc). While ordering that the disputed domain be transferred to the petitioner, NIXI found that the registration of a country code TLD in India by the China based respondent was in bad faith and with a view to cause confusion to the internet users and to lead them to believe that the disputed site is sponsored, endorsed or authorized by the petitioner. NIXI also held that the respondent failed to show any legitimate interest in the disputed name sonyericsson.co.in and found that the fact that a number of links on the respondent’s site led to the petitioner’s site was proof of his awareness of the petitioner’s reputation and prior use of the disputed name.
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