The Delhi High Court granted an interim injunction to senior BJP leader Arun Jaitley and restrained the US company - Network Solutions & Portfolio Brains for usage of his portal by some other person using his name.
It also refrained the company from selling or auctioning the same.
Mr Jaitley had approached the High Court, stating that his name was being used by some other person who had made a website using his name.
Justice S Murlidhar granted an injunction to use the website and directed Network Solutions & Portfolio Brains Ltd not to sell or transfer the domain in his name until the proceedings of the court were completed.
Mr Jaitley’s lawyer Pratibha contended before the court that Mr Jaitley’s domain is already registered with the company and someone else using the similar name should not have been granted, Ms Pratibha contended.
The other person had tried to register the domain name www.arunjaitley.com. However, the same could not be done as Network Solutions was initially showing the same as Pending Deletion and later, it was put up on the Certified Offer program.
Ms Pratibha said ‘despite our sueing the company for 14,445 dollar, it transferred the domain to Portfolio Brains which is an auction site for domain names. As of today, Portfolio Brains is the registrant of the domain name.’ She added, ‘The name Arun Jaitley was exclusively associated with the politician and the reputation of the domain name can be seen from the fact that in a google search for the said name, in all the 61 pages, only he is mentioned. There is no other identifiable Arun Jaitley.’ The Court has accepted the arguments and has observed that nowadays, it was very difficult to register a domain name as could be seen from this case.
The court referred to the case of Mahindra & Mahindra Vs Portfolio Brains, the same auction site wherein the WIPO arbitrator had held that the said registration by the said site was a Bad Faith registration.
Mr Jaitley, who himself is a lawyer and had argued such cases for other parties, was facing the similar problem.
In his petition, Mr Jaitley had asked the court to grant him an ex-parte interim injunction order restraining the company or their principal officers, servants, agents or anyone who might be acting for and on its behalf, in any manner, from advertising the domain name, using the domain name for auction purposes or for any other purpose, from transferring, alienating or offering for sale the domain name ‘arunjaitley.com’ to any third party and from creating any third party interest in the said domain name ‘arunjaitley.com’.
It also restrained the company from directing the defendants to maintain the status quo in relation to the domain name by keeping the same On hold till an interim injunction was granted against the defendants directing them to immediately transfer the domain name ‘www.arunjaitley.com’ to him.
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