Westmore · UDRP DecisionOnalli.top
The Panel ordered transfer of <onalli.top>. It found the domain confusingly similar to the NALLI mark because the mark remained recognizable despite the added letter “o”; found that Respondent had not rebutted Complainant’s prima facie showing of no rights or legitimate interests; and found bad-faith registration and use based on Complainant’s long-standing use of NALLI and evidence that the domain had previously offered competing goods while creating a likelihood of confusion for commercial gain. The domain’s later inactive status did not prevent a bad-faith finding.
The timeline behind onalli.top
Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.
Westmore reconstructs the full history behind onalli.top — from public RDAP and the Internet Archive — as part of UDRP Intelligence:
This decision illustrates a straightforward single-letter domain variation combined with competing commercial use. The case was not based solely on the domain’s later inactivity: evidence of its earlier use for competing goods, the absence of any relationship disclaimer, Complainant’s long-standing trademark use, and Respondent’s failure to rebut the case collectively supported transfer.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Nalli Chinnasami Chetty v. Zhuxin Peng Case No. D2021-3932 1. The Parties Complainant is Nalli Chinnasami Chetty, India, represented by De Penning De Penning, India. Respondent is Zhuxin Peng, China. 2. The Domain Name and Registrar The disputed domain name <onalli.top> (the “Domain Name”) is registered with Alibaba.com Singapore E-Commerce Private Limited (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 24, 2021. On November 24, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 26, 2021, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. The Center sent an email communication to Complainant on November 26, 2021 regarding the clarification of a compliance matter, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on November 29, 2021. The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on December 3, 2021. In accordance with the Rules, paragraph 5, the due date for Response was December 23, 2021. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on December 29, 2021. The Center appointed Clive L. Elliott Q.C. as the sole panelist in this matter on January 20, 2022. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background Complainant is a father and son partnership firm having its office in Chennai, India. Complainant manufactures and markets various goods such as clothing and readymade garments, fashion accessories, and textile goods under the trade mark NALLI (“Complainant’s Mark”). Complainant’s Mark has been used on Complainant’s products since 1935. Complainant is the registered owner of Complainant’s Mark in a number of jurisdictions, including: Jurisdiction Registration No. Registration Date/Valid until Date Class India 423857 July 2, 1984 12 United States 2444608 April 17, 2001 24, 25 European Union 001373786 March 7, 2005 24, 25 Australia 602236 May 12, 1993 25 Canada TMA482448 September 11, 1997 24 Sri Lanka 67348 July 12, 2023 24 Singapore T1203648D March 16, 2012 35, 40, 42 Mauritius 15764/2014 September 5, 2023 14 New Zealand 761744 December 3, 2013 14 United Kingdom 1518192 November 10, 2029 25 Complainant operates its business through its website “www.nalli.com” which was registered on April 28, 1998. According to the publicly available WhoIs, the Domain Name was registered on October 19, 2021. Complainant provided evidence that the Domain Name resolved to a website offering goods in the same business area as Complainant. At the time of the Decision, the Domain Name does not resolve to an active website. 5. Parties’ Contentions A. Complainant Complainant states that it has devoted enormous amounts of time, effort, and energy into promoting and advertising Complainant’s Mark in print and online media and, as a consequence, Complainant’s Mark is identified solely with Complainant. Complainant goes on to state that its rights in Complainant’s Mark has also been recognized in previous WIPO decisions. Complainant contends that the Domain Name is confusingly similar to Complainant’s Mark in that it contains Complainant’s Mark in its entirety with the addition of the letter “o”. Complainant asserts that despite the addition of the letter “o” there is still a high degree of similarity between the Domain Name and Complainant’s Mark, which may induce members of the public and trade into believing that Respondent has a trade connection or relationship with Complainant, when it does not. Complainant states that Respondent is not licensed or otherwise permitted to use Complainant’s Mark or to apply for any domain name incorporating Complainant’s Mark. Complainant goes on to claim that the Domain Name has been registered in bad faith, especially taking into account Complainant’s reputation and goodwill, incessant use and registration of Complainant’s Mark in India and foreign jurisdictions, and as such Respondent ought to have known of Complainant’s rights in Complainant’s Mark. Further, Complainant claims that Respondent intends to misrepresent an association with Complainant and divert Internet users at the Domain Name to competing goods. B. Respondent Respondent did not reply to Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar Complainant has provided evidence of various trademark registrations for Complainant’s Mark. The Domain Name reproduces Complainant’s Mark in its entirety, along with the letter “o”. As such, Complainant’s Mark is clearly recognisable in the Domain Name. The addition of the letter “o” does not prevent a finding of confusing similarity. The Domain Name is therefore confusingly similar to Complainant’s Mark. The first ground under the Policy is made out. B. Rights or Legitimate Interests Complainant submits that Respondent is not licensed or otherwise permitted to use Complainant’s Mark or to register any domain name incorporating Complainant’s Mark. The Panel finds that Complainant has put forward a prima facie case that Respondent lacks rights or legitimate interests in the Domain Name. That is, as it has not used the Domain Name in connection with a bona fide offering of goods and services, nor a legitimate noncommercial or fair use. In the absence of any permission or authorisation from Complainant to use Complainant’s Mark, along with Respondent’s failure to respond to Complainant’s allegations, the Panel accepts the argument that use of the Domain Name by Respondent is likely to result in consumers being confused into believing that the Domain Name is connected to Complainant, when that is not the case. Under the circumstances, the Panel concludes that the Domain Name was not registered and has not been used for any legitimate noncommercial or fair purpose. Respondent has not rebutted Complainant’s prima facie case that Respondent lacks rights or legitimate interests in the Domain Name. Accordingly, the second ground under the Policy is made out. C. Registered and Used in Bad Faith Complainant submits that the Domain Name has been registered in bad faith, given Complainant’s reputation and goodwill, and due to its incessant use and registration of Complainant’s Mark in India and foreign jurisdictions. On that basis, Complainant argues that Respondent knew or should have known of Complainant’s rights in Complainant’s Mark. In the absence of any attempt to refute this allegation and in light of Complainant’s long-standing use of Complainant’s Mark, the Panel is satisfied that the Domain Name was registered in bad faith. Complainant provided evidence that the Domain Name previously resolved to a website offering competing goods without any explanation of the relationship (or lack thereof) with Complainant. In the context of this case, it appears that Respondent has used the Domain Name in bad faith by intentionally attempting to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with Complainant’s Mark. Furthermore, the Panel notes that the Domain Name does not currently resolve to an active website. In that regard, whether or not the Domain Name resolves to any active website is not determinative. Past UDRP panels having noted that the word bad faith “use” in the context of Policy paragraph 4(a)(iii) does not require a positive act on the part of a respondent and that passively holding a domain name may constitute bad faith use: See Telstra Corporation v. Nuclear Marshmallows , WIPO Case No. D2000-0003 . Complainant has therefore established the third ground under the Policy. 7. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name <onalli.top> be transferred to the Complainant. Clive L. Elliott Q.C. Sole Panelist Date: February 3, 2022
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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