An Indian pharmaceutical company Core Diagnostics risks to become a victim of its own complaint. The company addressed the World Intellectual Property Organization (WIPO) with knowingly baseless complaints.
Core Diagnostics started its business just in 2011. A year later the company’s trade mark and CoreDiagnostics.in domain were registered. Although it didn’t stop Indian businessmen from copmlaining in the frames of Uniform Domain Name Dispute Resulution (UDPR) for corediagnostics.com domain name registered ten years previously, in 2001.
WIPO Commission scrupulously examined the complaint and stated an obvious verdict: the registry of corediagnostics.com domain name couldn’t possibly encroach on the rights of Core Diagnostics company because of its appearance 10 years before the company apeared. Moreover, the representatives of the company were fully aware of it because of attaching Whois registry data to the complaint concerning the corediagnostics.com domain name. Thus the applicant’s actions should be considered as the attempt of quite a legitimate domain name overtake.
According to the logics of this decision, now the corediagnostics.com domain name owners can complain on Core Diagnostics, and with a high possibility get CoreDiagnostics.in domain name into its management. The unclear part in the whole story is the following: how could Indian businessmen even think about addressing WIPO with such claims.
