Nicholas Weston IP Lawyers Retrieves 11 Domain Names for Brahma Kumaris involving three trade marks, in single UDRP Win

A UDRP panel has granted a complaint filed by Nicholas Weston IP Lawyers on behalf of the United Kingdom arm of Indian spiritual movement the Brahma Kumaris, against a serial cybersquatter based in the United Kingdom.

The World Intellectual Property Organization panel ordered the transfer to the Brahma Kumaris of domains — brahmakumarisofficial.com, bkofficial.com, brahmakumariz.org, brahma-kumaris.com, bkgoogle.com, bkarticles.blog, bkgsu.com, bksustenance.com, babamurli.org, bksustenance.org, and bkforum.org — involving three separate trade marks, including a two letter common law trade mark.

The disputed domain names were part of the same operation, in which the UK based cybersquatter registered Brahma Kumaris owned trademarks as domains and pointed them at its own websites filled with content scraped from Brahma Kumaris websites.

The complaint was consolidated against multiple domain names involving multiple registries and multiple trademarks to avoid payment of additional filing fees for separate complaints. The filing fee on a single panelist UDRP proceeding starts at USD $1,500 and escalates depending on the number of domain names. UDRP complaints involve marshalling arguments and evidence into a submission that must not exceed 5,000 words and evidence that must not exceed 50MB. The firm was successful in persuading the panel that the disputed domain names were under the common ownership and control of the respondents, and to allow the consolidation of the complaints in one filing.

A UDRP complaint requires a trade mark, in any jurisdiction, in which the complainant has rights, and incorporated in the domain name. The complaint relied on both registered and unregistered trade marks that the Panel agreed consumers would associate with the complainant, in which the complainant’s rights were being abused.

The complaint was also successful on the three (it is four, really) cumulative requirements for each of the disputed domain names, namely: (1) that the domain name in question is identical or confusingly similar to a trade mark to which the complainant has rights; (2) that the holder of the disputed domain name has no rights or legitimate interest in the domain name; and (3) that the disputed domain name was registered in bad faith and is being used in bad faith.

The decision can be accessed here: Brahma Kumaris World Spiritual University (UK) v. Shiv Baba Service, Brahma Kumaris World Spiritual University, Shiv baba Service, Brahma Kumaris Spiritual University, Shiv Baba Service Initiative, Perfect Privacy, LLC / Shiv Baba Service, Shiv Baba Service Initiative, Anand Samrat, Brahma Kumaris, Anand Samrat, Shiv Baba Service, BK Godly Spiritual University, and Name Redacted, WIPO Case No. D2021-2832

About Nicholas Weston IP Lawyers

Founded in 2005, Nicholas Weston is a tech sector focussed intellectual property, corporate and commercial law firm based in Melbourne, Australia with a global client base. Nicholas Weston offers a specialist range of legal services including IP advisory, business and IP litigation, corporate transactions, M&A and Web 3.0 advisory. Principal lawyer, Nick Weston, is a World Intellectual Property Organisation (WIPO) Panel Member experienced in domain name dispute resolution, including AuDA domains. For more information, visit nicholasweston.com.au

About Nicholas Weston IP Lawyers

We understand the digital economy and apply an approach that integrates digital with legal solutions. The integration of practical legal and digital solutions is applied to all cases and projects, whether for a portfolio or a unique case, giving us an ability to anticipate probable outcomes and guide you through the options, as we have for many others, hundreds of times previously.