Exhibit 2.pdf

PETITION submitted by Tata Communications (America) Inc. and Tata Communications Services (America) In

Exhibit 2

2010-09-25

This document pretains to ITC-214-20100907-00357 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142010090700357_841673

             Exhibit # 2

      to the Petition to Deny the
Application filed by Tata Telecom INC


          September 25, 2010


                                                                 "ANNEXUREG —A"




           WIPO Arbitration and Mediation Center


                   ADMINISTRATIVE PANEL DECISION

      Tata Sons Limited v. TATA Telecom Inc/Tata—telecom.com, Mr. Singh

                              Case No. D2009—0671




The Parties

The Complainant is Tata Sons Limited, Mumbai, India, represented by Anand &
Anand, India.                                                          .

The Respondent is TATA Telecom Inc/Tata—telecom.com, Mr. Singh, Ontario, Canada,
represented by Amarjit & Associates Advocates, India.



The Domain Name and Registrar

The disputed domain name <tata—telecom.com> is registered with eNom.


Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center
(the "Center") on May 21, 2009. On May 22, 2009, the Center transmitted by email to
eNom a request for registrar verification in connection with the disputed domain name.
On May 22, 2009, eNom transmitted by email to the Center its verification response
disclosing registrant and contact information for the disputed domain name which
differed from the named Respondent and contact information in the Complaint. The
Center sent an email communication to the Complainant on May 25, 2009 providing
the registrant and contact information disclosed by the Registrar, and inviting the
Complainant to submit an amendment to the Complaint. The Complainant filed an
amendment to the Complaint on May 28, 2009. The Center verified that the Complaint
together with the amendment to the Complaint satisfied the formal requirements ofthe
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(a) and 4(a), the Center formally notified the
Respondent ofthe Complaint, and the proceedings commenced June 3, 2009. In


                                      Page 1


     accordance with the Rules, paragraph 5(a), the due date for Response June 23, 2009.
     The Response was filed with the Center July 17, 2009.

     The Respondent requested the appointment of a three—member Panel, to which the
     Complainant objected on the grounds that the request was not timely and was not made
     in the manner provided for in the Rules. Noting the unusual nature of the
     circumstances, the Center on July 17, 2009, appointed a single—member Panel,‘ vested
     with the "discretion to review inter alia the composition and appointment of the Panel,
     to order such procedural steps as it may consider necessary, to consider the
     admissibility ofthe late tiled Response, and to proceed to a substantive decision on the
     merits should this be found to be appropriate by such Panel."

     The single—member Panel appointed by the Center issued an Administrative Panel
     Procedural Order on July 24, 2009, in which it determined that the most appropriate
     course of action would be for the Center to proceed to the appointment of a three—
     member Panel. The Center thereafter appointed William R. Towns, Tony Willoughby
     and Jonathan Agmon as panelists in this matter on August 18, 2009. The Panel finds
     that it was properly constituted. Each member of 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.


     Factual Background

     The Complainant is the principal investment holding company for the Tata Group, a
     large multinational conglomerate based in India. The record reflects that the
     Complainant derives its name from Jamsetji Tata, who founded the original Tata
     trading company in the mid—19"" Century. Today the business operations of the Tata
     Group include communications and information technology, engineering, materials,
     services, energy, consumer products and chemicals. Major companies in the group
     include Tata Steel, Tata Motors®, Tata Consultancy Services (TCS), Tata Power, Tata
     Chemicals, Tata Tea‘, Indian Hotels and Tata Communications, the latter being formed
     after the Tata Group acquired a controlling interest in the Indian telecommunications
     giant Videsh Sanchar Nigam Limited (VSNL) in 2002.* According to the company‘s
     website at "www.tatacommunications.com", Tata Communications has operations in
     more than 80 locations in 40 countries. VSNL, now Tata Communications, acquired
     the Canadian—based communications company Teleglobe International Holdings
     Limited in 2006.

     The Complainant is the owner of numerous trademark registrations for TATA in India,
     the United States, and the European Union, as well as many other countries around the
     world. These marks are used in connection with the diverse goods and services offered
     by the Tata Group. The mark has been in use since as early as 1917. At least one
     judicial decision from India has determined that the TATA mark is a well known mark
     under the laws of that nation." In addition, the Complainant‘s TATA mark has been
     found to be well known or famous in several cases decided under the Policy." The



     The Center appointed Warwick A. Rothnie as the single—member Panel.
—




     Tata Motors is a manufacturer of commercial vehicles and recently acquired Jaguar and Land Rover,
ba
ue




     Tata Tea owns the Tetley brand, having acquired the Tetley Group in 2000.
     The company was renamed Tata Communications in February 2008.
&




     Tata Sons v. Suresh Jain, CS (OS) 1992/2003.
in
@




     See Tata Sons Limited v. Advance Information Technology Association, WIPO Case No.
     D2000—0049;Tata Sons Limited v. D & Y Enterprises, WIPO Case No. D2000—479; Tata Sons Limited v.

                                                 Page 2


Complainant‘s TATA mark has been recognized as a leading global brand, and the Tata
Group has been recognized by Forbes as one of the top 20 global firms in terms of
reputation.

The disputed domain name <tata—telecom.com> was created on May 2, 2003, according
to the concerned registrar‘s Whols database. The domain name registrant currently is
identified in the Whols records as TATA Telecom/Mr Singh. The Respondent‘s postal
address is not provided. At the time of the filing of the Complaint in this matter, the
identity of the registrant was shielded by use of a privacy protection service. The
Response submitted in this matter identifies the Respondent as Mr. Manmohan Singh
Thamber, who presumably is the "Mr. Singh" referred to in the Whols registrant
information.

The disputed domain name resolves to the Tata Telecom Inc. website. According to the
website, Toronto Asia Tele Access (Tata Telecom Inc.) is a provider of international
long distance communication services founded in 2005 and headquartered in Canada.
The record reflects that Toronto Asia Tele Access Telecom, Inc. was incorporated
under Canadian law in May 2006, and the Respondent registered "Tata Telecom" for
use as an assumed business name in Canada in April 2008. There is no evidence in the
record of a separate corporate entity registered as Tata Telecom, Inc. The Resporident
states that it has "sister companies" in India.

The Complainant by email provided notice of this dispute to the Respondent on
July 24, 2008, requesting that the Respondent cease use of the business name Tata
Telecom. The record does not reflect that the Complainant received any reply to this
communication. The Respondent continues to use Tata Telecom with its business
operations.

Parties‘ Contentions

A. Complainant

The Complainant contends that it has continuously and consistently used TATA as a
trademark with its business activities since as early as 1917, and that TATA has
become a house mark and source indicator for the diverse goods and services provided
by the Tata Group of companies, both in India as well as in other countries. The
Complainant indicates that the Tata Group has a major presence in various fields of
commercial activities, including automobiles, steel, power, chemicals,
telecommunications, retailing, computer software, tea, financial services, and mutual
funds, owns more than 100 companies worldwide, employs some 220,000 people, and
has more than 2 million shareholders. The Complainant maintains that most of the
companies within the group also use "Tata" in their trade or business names, noting by
way of example Tata Tele Services Limited, Tata Communications, Tata Motors, Tata
Chemicals, and Tata Consultancy Services.

Based on the foregoing, and relying on judicial decisions in India, several prior UDRP
Panel decisions, and listings of leading global brands, the Complainant maintains that
the TATA mark is highly distinctive and internationally recognized as a well known
and famous mark. The Complainant maintains that the disputed domain name is
confusingly similar to the Complainant‘s TATA mark because the domain name
incorporates the Complainant‘s mark its entirety. Such confusing similarity, according


Net Prosol/Renjith R., WIPO Case No. D2004—0083; Tata Sons Limited v. Imtiaz Kalwar, WIPO Case
No. D2007—1924.

                                          Page 3


to the Complainant, is compounded by the Respondent‘s use of the domain name in
connection with a business that is similar to that of one or more companies in the Tata
Group.

The Complainant asserts that Tata Communications Limited, formerly known as
Videsh Sanchar Nigam Limited (VSNL), is India‘s largest telecommunication company
in international long distance, enterprise data and internet services. According to the
Complainant, the Tata Group acquired a controlling stake in VSNL in 2002, and the
company was renamed Tata Communications in February 2008. The Complainant
states that VSNL acquired Teleglobe International Holdings Limited, Canada‘s largest
communication company, in 2006.

The Complainant asserts that the Respondent has no rights or legitimate interests in the
disputed domain name, contending that the Respondent has illegally and without the
Complainant‘s authorization misappropriated the Complainant‘s well known and
famous TATA mark for use as a domain name. The Complainant argues that the
Respondent is not commonly known by the disputed domain name, but is instead
commonly known as Toronto Asia Tele Access Telecom, Inc. The Complainant
submits that the Respondent obviously knew of the Complainant‘s world famous
trademark TATA when the Respondent registered the disputed domain name, and that
the only reasonable inference that can be drawn therefrom is that the Respondent
registered the disputed domain name in order to exploit and profit from the
Complainant‘s trademark rights. Accordingly, the Complainant asserts that the
Respondent cannot claim to be using the disputed domain name with a bonafide
offering of goods or services, and has not otherwise made a showing of demonstrable
preparations to do so.                         |

The Complainant concludes from the foregoing that the Respondent registered and is
using the disputed domain name in bad faith. According to the Complainant, it first
became aware of the Respondent‘s use of "Tata Telecom" in July 2008, after the
Respondent approached one ofthe Complainant‘s existing telecommunications
customers. The Complainant alleges that many of its existing and potential customers,
upon being contacted by the Respondent, were confused by the Respondent‘s use of
"Tata Telecom" and contacted the Complainant seeking confirmation that the
Respondent was affiliated with the Complainant. This, according to the Complainant,"
establishes primafacie the Respondent‘s awareness ofthe Complainant and the
commercial value attached to the Complainant‘s mark. The Complainant maintains it is
evident that the Respondent registered and is using the disputed domain name in bad
faith to create initial interest confusion based on the reputation and fame of the
Complainant‘s TATA mark.

B.    Respondent

The Respondent generally denies each and all of the Complainant‘s contentions, and
asserts that the Complainant has failed to present any evidence to support its claims
under the UDRP. The Respondent disputes that the Complainant has established
proprietary rights in the trademark TATA. According to the Respondent, the
Complainant cannot claim trademark rights in the TATA mark because "Tata" is
merely the surname of the Complainant‘s founder, and thus is not inherently distinctive.
Further, the Respondent asserts that the Complainant cannot assert exclusive rights in
TATA, claiming that there is significant third party use ofthe mark. This is so,
according to the Respondent, because the Complainant has failed to establish that it
owns or controls any of the business entities that the Complainant maintains are part of
the "Tata Group" or "House of Tata". The Respondent maintains that each ofthese

                                      Page 4


companies has a separate juristic personality under Indian corporate law, so that any
use ofTATA by these companies must be considered separate use.

The Response indicates that the Respondent began providing telecommunications
services in Canada under the registered business name Toronto Asia Tele Access
Telecom, Inc. in 2002,"‘ and that it has been selling calling cards in Europe since 1996.
The Respondent claims to have adopted TATA as a trademark/trade name because it is
an abbreviation for "Toronto Asia Tele Access". The Respondent avers that it did so
honestly and without reference to or knowledge of the Complainant or the
Complainant‘s trademark rights in TATA.

In addition, the Respondent asserts that it has established senior trademark rights in
TATA with respect to telecommunications services in the United States, Canada, and
the European Union, based on continuous and uninterrupted use of the mark in these
jurisdictions since 2002. The Respondent asserts that the Complainant cannot claim
trademark rights for TATA in relation to telecommunication services if at all until
2008, when VSNL was renamed Tata Communications Limited, and that the
Complainant knows or should have known of the Respondent since 2002, as the
Respondent has "sister companies" in India.

Relying on the foregoing, the Respondent contends that the Complainant has failed to
establish rights in any trademark to which the disputed domain name is identical or
confusingly similar. The Respondent further asserts that no confusing similarity arises
because the Respondent‘s business activities are distinct and separate from those of the
Complainant, and that in any event the relevant class of consumers do not associate the
word TATA with the Complainant in relation to any goods or services.

The Respondent contends that it has rights or legitimate interests in respect of the
disputed domain name. The Respondent maintains that the disputed domain name was
registered without knowledge of the Complainant or the Complainant‘s mark, and that
TATA was adopted for use as a trademark because it is an abbreviation for "Toronto
Asia Tele Access", the Respondent‘s corporate name in Canada. Accordingly, the
Respondent submits that there has been no bad faith registration and use ofthe disputed
domain name.


Preliminary Issues

A.    Late Filed Response

The due date for the Response under the Rules was June 23, 2009. The Respondent
contacted the Center on June 22, 2009, seeking an extension of time. The Respondent
failed to offer any explanation for this last—minute request, even though the Rules
permit the Center to extend the time for filing a response only in exceptional cases,
absent a written stipulation by the Parties. The Center therefore did not extend the due
date. The Respondent thereafter indicated to the Center that the extension was needed
so that the Respondent could retain legal counsel. The Response eventually was filed

As noted earlier, the Respondent‘s website represents that Toronto Asia Tele Access Telecom, Inc. was
founded in 2005, and the record does not reflect the incorporation of this company in Canada until May
2006, with the assumed business name Tata Telecom not being registered until April 2008. However, the
Respondent submitted a copy of a Calling Card Distribution Agreement between "Tata Telecom Inc."
and WTN Holding AG bearing an execution date of November 13, 2002. The Response describes WTN
Holding AG as a "sister concern‘‘. The Response also asserts that the Respondent has "sister companies"
in India, which the Respondent maintains the Complainant is aware of.

                                             Page 5


on July 17, 2009.

The Response was not submitted to the Center until more than six weeks after the
Center formally notified the Respondent ofthe Complaint on June 3, 2009, and more
than two months after the initial filing of the Complaint on May 21, 2009. The
ostensible reason for this delay was the Respondent‘s need to obtain legal counsel.
Why the Respondent was unable to obtain legal counsel in a timely manner has not
been made clear to this Panel. Countless respondents in other proceedings under the
Policy have done so.

In view of the foregoing, the Panel is acting with some reluctance in accepting the late
filed Response, which also appears to violate the word limit requirements of paragraph
10 of the Supplemental Rules. However, the Panel‘s paramount concern is that the
decision it reaches on the merits in this case be based on as complete a record as
possible, with a view to best achieving the fundamental objectives of the Policy, which
include ensuring that, while the administrative proceeding takes place with due
expedition, the Parties are treated with equality and each is given a fair opportunity to
present its case. Accordingly, the Panel has determined to accept the late filed
Response.


Discussion and Findings

A.     Scope of the Policy

Paragraph 4(a) of the Policy requires that the Complainant prove each of the following
three elements to obtain a decision that a domain name should be either cancelled or
transferred:

(i)    The domain name registered by the respondent is identical or confusingly similar
       to a trademark or service mark in which the complainant has rights; and

(ii)   The respondent has no rights or legitimate interests with respect to the domain
       name; and

(iii) The domain name has been registered and is béing used in bad faith.

Cancellation or transfer of the domain name is the sole remedy provnded to the
Complainant under the Policy, as set forth in paragraph 4(i).

Paragraph 4(b) of the Policy sets forth four situations under which the registration and
use of a domain name is deemed to be in bad faith, but does not limit a finding of bad
faith to only these situations.

 Paragraph 4(c) of the Policy in turn identifies three means through which a respondent
 may establish rights or legitimate interests in a domain name. Although the
 complainant bears the ultimate burden of establishing all three elements of
paragraph 4(a) of the Policy, panels have recognized that this could result in the often
 impossible task of proving a negative, requiring information that is primarily if not
 exclusively within the knowledge of the respondent. Thus, the consensus view is that
paragraph 4(c) shifts the burden to the respondent to come forward with evidence of a
right or legitimate interest in the domain name, once the complainant has made a prima
facie showing. See, e.g., Document Technologies, Inc. v. International Electronic
 Communications Inc., WIPO Case No. D2000—0270.

                                       Page 6


B.     Identical or Confusingly Similar

The Pane] finds that the Complainant beyond question has established rights in the
TATA trademark. The Respondent‘s arguments to the contrary are without merit. The
Panel further finds that the disputed domain name <tata—telecom.com> is confusingly
similar to the Complainant‘s TATA mark for purposes of paragraph 4(a)(i) of the
Policy. The critical inquiry under the first element is whether the mark and domain
name, when directly compared, have confusing similarity. Wal—Mart Stores, Inc. v.
Richard MacLeod Wb/a For Sale, WIPO Case No. D2000—0662. They do in this
instance. The disputed domain name incorporates the Complainant‘s mark in its
entirety. The addition ofthe descriptive term "telecom" does not dispel such
confusingly similarity, as many of the Tata Group companies use Tata as the initial
word in their business or trade names — i.e., Tata Communications, Tata Teleservices,
Tata Steel, Tata Tea, and so forth.

Accordingly, the Panel finds that the Complainant has met its burden under
paragraph 4(a)(i).

C.     Rights or Legitimate Interests

As noted above, once the Complainant makes a primafacie showing under
paragraph 4(a)(ii) of the Policy, paragraph 4(c) shifts the burden to the Respondent to
come forward with evidence of rights or legitimate interests in the disputed domain
name. The Panel! is persuaded from the record of this case that a primafacie showing
under paragraph 4(a)(ii) has been made. The disputed domain name is confusingly
similar to the Complainant‘s mark, which the record reflects to be a distinctive, widely
used and well known mark. It is undisputed that the Respondent has not been
authorized to use the Complainant‘s mark. Nevertheless, the Respondent is using
disputed domain name in connection with a commercial website on which, using the
name Tata Telecom, the Respondent offers telecommunications services related to
those offered by several of the Complainant‘s companies.

Pursuant to paragraph 4(c) of the Policy, the Respondent may establish rights to or
legitimate interests in the disputed domain name by demonstrating any of the following
non—exclusive factors:

(i)    before any notice to it of the dispute, the respondent‘s use of, or demonstrable
       preparations to use, the domain name or a name corresponding to the domain
       name in connection with a honafide offering of goods or services; or

(ii)   the respondent has been commonly known by the domain name, even if it has
       acquired no trademark or service mark rights; or

(iii) the respondent is making a legitimate noncommercial or fair use of the domain
      name, without intent for commercial gain to misleadingly divert consumers or to
      tarnish the trademark or service mark at issue.

The Respondent asserts that it registered the disputed domain name without knowledge
of the Complainant or the Complainant‘s TATA mark. The Respondent claims that it
registered the disputed domain name because it is an abbreviated version of Toronto
Asia Tele Access Telecom, Inc. (Tata Telecom), and the Respondent asserts it was
legitimately using the disputed domain name in connection with a bonafide offering of
goods or services prior to any notice to it of this dispute. In addition, the Respondent
asserts that it has established trademark rights in TATA.

                                        Page 7


 The Panel finds the Respondent‘s arguments on balance unpersuasive. When the
 disputed domain name was registered in May 2003, the Tata Group was already a major
 conglomerate which was widely known not only in India but in other areas of the
 world. The Complainant‘s TATA mark was well known and in use in connection with
 a variety of goods and services related to the Tata Group‘s numerous areas of
 commercial activity. Such commercial activities included the information and
 communications fields. The year prior to the registration of the disputed domain name
 the Tata Group acquired a controlling interest in VSNL, the Indian telecommunications
 giant. The Respondent acknowledges it was aware that VSNL had been acquired by
 the Complainant prior to registration of the disputed domain name, and further states
 that it has "sister companies" in India, which the Respondent asserts the Complainant
 should be aware of.

 On the basis of the record before it, the Panel does not consider the Respondent‘s claim
 of being unaware of the Complainant and the Complainant‘s TATA mark when
 registering the disputed domain name to be credible. To the contrary, based on the
 totality of circumstances in the record as described above, it is a virtually inescapable
 conclusion that the Respondent was aware of the Complainant when registering the
 disputed domain name. For the Respondent to assert that it has "sister companies" in
 India of which the Complainant is aware, while denying any knowledge on its part of
 the Complainant and the Complainant‘s well known TATA mark, simply defies
 credulity. Based on all of the foregoing, the Panel draws a strong inference that the
 Respondent was well aware of the Complainant and the Complainant‘s TATA mark,
 and that the Respondent in fact registered the disputed domain name with the aim of
 trading on the strength and reputation of the Complainant‘s mark.

 In light of the foregoing, the Panel is of the view that the Respondent has not
 established rights to or legitimate interests in the disputed domain name. The
 Respondent‘s use of TATA to trade on Complainant‘s goodwill and reputation
 precludes any bonafide offering of goods or services under paragraph 4(c)(iii) of the
 Policy. See, e.g., First American Funds, Inc. v. UIt.Search, Inc., WIPO Case No.
 D2000—1840 (for offering under Paragraph 4(c)(i) to be considered bonafide, domain
© name use must be in good faith under Paragraph 4(a)(iii)). See also Philip Morris Inc.
 v. Alex Tsypkin, WIPO Case No. D2002—0946; Amphenol Corporation v. Applied
 Interconnect, Inc., NIPO Case No. D2001—0296,

 Nor can the Respondent legitimately claim to have been commonly known by the
 disputed domain name within the meaning of paragraph 4(c)(ii) of the Policy.
 Paragraph 4(c)(ii) requires evidence that the Respondent had rights prior to and not
 merely following from use of the domain name. Paule Kav. Paula Korenek, WIPO
 Case No. D2003—0453. This is particularly the case where the Respondent has adopted
 another‘s well known trademark. See Paim, Inc. v. South China House ofTechnology
 Consultants Ltd., WIPO Case No. D2000—1492 ("Respondent should not be able to take
 advantage of this sub—paragraph if the domain name was adopted with malafide
 intent."). The Respondent cannot establish rights or legitimate interests in a domain
 name by appropriating another‘s well known trademark and then claiming to be
 commonly known by the name. See Madonna Ciccone v. Dan Parisi, WIPO Case No.
 D2000—0847; Tata Sons Limited v. tataconnect, WIPO Case No. D2006—0572.

 Given the strength and reputation of the Complainant‘s TATA mark, the Panel is of the
 view that the Respondent adopted the disputed domain name with the intent of creating
 a likelihood of confusion with the Complainant‘s well known mark as to the source,
 sponsorship, affiliation or endorsement of the Respondent‘s website and services. The
 Panel rejects as untenable the Respondent‘s claim to have established trademark rights

                                        Page 8


in TATA. The Panel further notes the lack of any evidence in the record that the
Respondent has ever registered or applied to register TATA as a trademark, and the
Respondent‘s submissions in any event do not reflect use sufficient to establish
common law rights in TATA.

Accordingly, the Panel concludes that the Complainant has satisfied the requirements
of paragraph 4(a)(ii) ofthe Policy.

D.      Registered and Used in Bad Faith

Paragraph 4(b) of the Policy states that any of the following circumstances, in particular
but without limitation, shall be considered evidence of the registration and use of a
domain name in bad faith:

(i)     circumstances indicating that the respondent registered or acquired the domain
        name primarily for the purpose of selling, renting, or otherwise transferring the
        domain name registration to the complainant (the owner ofthe trademark or
        service mark) or to a competitor ofthat complainant, for valuable consideration in
        excess of documented out—of—pocket costs directly related to the domain name; or

(ii)    circumstances indicating that the respondent registered the domain name in order
        to prevent the owner of the trademark or service mark from reflecting the mark in
        a corresponding domain name, provided that the respondent has engaged in a
        pattern of such conduct; or

(iii)    circumstances indicating that the respondent registered the domain name
        primarily for the purpose of disrupting the business of a competitor; or

(iv)    circumstances indicating that the respondent intentionally is using the domain
        name in an attempt to attract, for commercial gain, Internet users to its website or
        other on—line location, by creating a likelihood of confusion with the
        complainant‘s mark as to the source, sponsorship, affiliation, or endorsement of
        the respondent‘s website or location or of a product or service on its website or
        location.

The examples of bad faith registration and use set forth in paragraph 4(b) of the Policy
are not meant to be exhaustive of all circumstances from which such bad faith may be
found. See Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case
No. D2000—0003. The overriding objective of the Policy is to curb the abusive
registration of domain names in circumstances where the registrant is seeking to profit
from and exploit the trademark of another. Match.com, LP v. Bill Zag and
NWLAWS.ORG, WIPO Case No. D2004—0230.

For the reasons discussed under the preceding heading, the Panel draws a strong
inference from the record that the Respondent knew of and had in mind the
Complainant‘s mark when registering the disputed domain name. See Ticketmaster
Corporation v. Spider Web Design, Inc., WIPO Case No. D2000—1551. Under the
circumstances presented here, the Respondent‘s claim to have been unaware of the
Complainant and the Complainant‘s well known TATA mark lacks credulity.
Moreover, as noted in Research In Motion Limited v. Dustin Picov, WNIPO Case No.
D2001—0492, when a domain name is so obviously connected with a Complainant, its
very use by a registrant with no connection to the Complainant suggests "opportunistic
bad faith". See also Paule Ka v. Paula Korenek, WIPO Case No. D2003—0453. Under
the circumstances presented here, the Panel is firmly ofthe opinion that the Respondent

                                         Page 9


has used the disputed domain name in bad faith to attract Internet users to the
Respondent‘s website for commercial gain, by creating a likelihood of confusion in
terms of paragraph 4(b)(iv) of the Policy. See Edmunds.com v. UIt. Search, Inc., NIPO
Case No. D2001—1319.

Accordingly, the Panel finds that the Complainant has satisfied the requirements of
paragraph 4(a)(iii) of the Policy.


Decision

For all the foregoing reasons, in accordance with Paragraphs 4(i) of the Policy and 15
of the Rules, the Panel orders that the domain name <tata—telecom.com> be transferred
to the Complainant.




                                /LLLZL _  William R. Towns
                                          Presiding Panelist


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       Tony Willoughby                                             Jonathan Agmon
               Panelist                                                  Panelist

                                       Dated: 'September 1, 2009




                                               Page 10



Document Created: 2010-09-25 15:02:59
Document Modified: 2010-09-25 15:02:59

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