In the m a t t e r o f : -

M/s

Huawei

Bantian

Technologies

Langgang

Co.Ltd

District

Shenzhew-518129 People's

Republic

of

China

Email - S u p p o r t @ h u a w e i . c o m Through Rodney

D.

Fox.Mandal

Ryder &

Co

Email-rodney-ryder@ foxmanda1little.com

Versus Mr.Daniel M/s

Neteye

Meng Information

Sixth A v e n u e ,

Seattle,

Washington-98100

Technology

.Complainant

.Respondent

Award

1.

That

the

complainant

REGISTRY

OF

respect

has

NIXI

to

filed

a

against

complaint

the

in

respondent

respondent's

domain

IN in

name

"www.huawei.in" 2.

That

the

complainant

complaint

under

Resolution 3.

That

Annexures 4.

That to file 10

5.

the

in

Policy

the

of

his

the

supplied

The

and

the

That

complainant

rejoinder

complainant written page the

and

documents

filed

time

time

to

was

extended

by

his

counter

arguments any

respondent Thus

consists by

of

His

granted

file

arguments.

i t s

and

time.

written

The

and

extension

filed

was

not

arguments.

A r b i t r a t o r

Dispute

respondent.

documents

extended

did

written

said

name

documents.

respondent

in

the

the

sought

and

documents the

the

complainant

to

had

counter

counter

days.

domain

the

respondent

f i l e

filed

(INDRP).

copy were

has

of him

the the AND

time

to

file

if

any.

The

rejoinder has

and

filed

record

before

complaint the

one

and

counter,

documents filed 6.

by

and the

That

the

that

Huawei

the

one

page

written

arguments

respondent.

complainant

has

stated

Technologies

Co.

in

its

Ltd.,

is

complaint a

limited

company. 7.

That

the

domain

registered further

by

the

stated

complaint

network,

and

LAN to

It

is

manufactures it

is

also

complaint

that

found

Ren

by

distributor

It

of

was It

in

is his

leading

equipment

provides

data

fixed

communication, services

and

ranging

from

modems,

NGN,

xDSL,

intelligent

network,

GSM,

CDMA2000,

full

switches

network,

a

and

other

key

stated

that

mobile

06.

world's

software

W-CDMA,

terminals

That

the

integrated access

EDGE,

fields.

of

network,

transport,

routers

one

including

switching,

June

complainant

supplier.

optical

GPRS,

is

and

mobile

optical

the

in

telecommunications

network,

terminals,

8.

it

and

manufacturer

"www.huawei.in"

respondent by

that,

networking

name

series

of

videoconferencing

telecom the

technology

Complainant

also

phones.

s t a t e d by

the

complainant

"Huawei"

(the

in

complainant)

Zhengfei

in

1988,

as

imported

PBX

products.

its was

a

small

By

1989,

Huawei its

started own

developing

PBX.

accumulating business, into

Huawei

by

switch, 10 K

It way

into

in

distance

SDH

its

its

Whampoa.

and

expanding

into

sales

domestic market. Siemens 2003,

line.

for

Huawei

In

1996,

to

1997

areas.

and

made

access

Huawei

has

developing into

to

a

TD-SCDMA a

joint

its

offer

By that

joint

fixed-

Hutchison-

increased

surpassed

long

captured

released

market.

toll

network

providing

expanded

its

business,

Huawei

Huawei

Huawei

had

and

Hongkong's

overseas

entered

rural

equipment

contract,

2001,

first

established

integrated

over

were

Huawei

eventually

After

share

of

offices

HONET

in

capacity

and

in

telephone

switch

products

Later,

and U M T S .

overseas

own

overseas

network

product

1994,

product

first

line

market

PBX

market

digital

cities

city

on

breakthrough

switches

transmission

launched and

gained

In

first

switching

small

major

service.

its

Huawei's

after

resource

C&C08

a

marketing

that

telecommunication

had

eventually

on

stated

achieved

circuits. only

later

and

launching

which

deployed

is

knowledge

mainstream

1993,

of

It

and

its

CDMA speed

2004, of

its the

venture

with

products. venture

GSM

In

name,

"Huawei-3Com",

with

based

and

sold

routers its

49% A

Business

License

with

complaint

The

copy

sold

in

of

Chile,

Ireland,

Some

across

of

the

key

Telfort, Total

equipment

Spain,

The

Person annexed

huge

globe

the

the

China

Philippines. base

(UK),

Group,

(Nepal). been

Vodafone,

StarHub,

Complainant

BT,

Further,

Opal,

commercially

BSNL

KPN,

02,

Telefonica, Telecom,

(Pakistan),

the

China

Carphone

Hutchsion

Ufone

which

countries.

Communications(USA),

Telecom,

Germany,

Telecom,

China Unicom,

Tiscali

India,

Pakistan,

several of

and

Netherlands,

customer

in

his

marketed

Nepal,

and

Paraguay,

SingTel,

has

are

United

customers

(UK),

Perpherals

Telecom

products

a

China Netcom,

Globe

882

in

States,

Mobile,

Orange,

is

stated

Argentina,

the

Cricket

Legal

The

Oi,

(India),

$US

including

include

Warehouse

for

countries,

has

Hola

2C07

also

Australia

complainant

in

Protocol

eventually

Complainant

Kingdom,

Singapore,

spreads

the

its

Italy,

Huawei

Enterprise

has

100

United

internet

as A n n e x u r e C.

Paraguay,

France,

3Com

the

of

that

over

Brazil,

The

to

complainant

complainant

for

switches.

stake

million.

the

3Com,

Nepal

complainant's deployed

in

3G the

UAE,

Hongkong,

Malaysia,

Mauritius

and

the

that

the

Netherlands. 10.

That

the

complainant

complainant's reached

The in

65%

of

the

world

to

and

and

provide

a

in

huge

advertisement

under its

the

promotional the few

of

advertisements

annexed

to

the

a

increase

from

end

its

solutions.

outstanding

complainant on

the

name/mark

the

and

products

"Huawei"

released

by

complaint

the

as

since

of

expenditure past

has

promotion

statement

recent

in

complainant,

services

A

vendor

vendors

3G

the

money

market.

leading few

The

use.

in

2006

for

advertising

complainant

for

overseas

the

to

2007.

of

and

and

of

end

trade/service

adoption

from

Award

amount

sale

34%

awareded

June

stated

become

one

Supplier

performance spent

now

Vodafone

Global

(a

comes

has

industry

Further,

a

which

also

contract

billion

complainant

the

by

global

USD11

2005),

has

the

incurred

along

with

complainant Annexure

D

(Collectively). 11.

That

the

complainant

profile

and

company

under

"Huawei",

has

has

also

popularity the been

trade

of /

stated the

service

continuously

that

the

Complainant name

/

increasing

mark since

the

date

of

adoption

present,

the

name

reckon

good is

to will

with

India

submitted

by

a

WELL

of

KNOWN

the

Act,

which

knowledge

of

or

It

that

the

is

6bis

of

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of the

duration,

further

Paris

its

important in

numerous

famous

order trade

an

to

use,

status

the

2(1)

(zg)

The

said

well-known (6)

of

the

considerations

extent and

relevant and

Huawei mark

also as

like section

geographical

publicity

s u b m i t t e d by

of

the

of

mark

complainant

falls

provided

under

the

by A r t i c l e

Convention.

trade and

the

11

among

It

awareness

1999. for

a

Huawei

extensive

section

promotion

complainant

considers

thus

under

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Section

tests

is

enormous

and

Act,

recognition

a

its

At

countries.

that

Under

all

mark/brand

category

acquired

acquired

includes

use,

etc.

Marks

mark

public,

area

an

a

has

mark.

name/mark

other

to

MARK

qualifies

of

of

world, TRADE

status

has

many

due

the

trade

publicity

Trade

mark/name

of

complainant

advertisements, the

and

and

mark,

throughout

use

Complainant's

in

mark/brand

and

has

/service extremely

protect

mark

further

the

stated

name/mark, valuable same,

registrations

has in

that

it

HUAWEI,

asset

and

obtained different

countries copy

of

for

including the

trade

the

in

a

list

in as

Annexure

the an

is

is

is

domain

Huawei

owns

its the

is

mark by

the

with

the

Further,

registrations

for

the

the

mark

complaint

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mark. name

all

said

mere an

or

in

the

as

&

the

said

connection

else.

in

the

as

a

other

The

said n a m e

and

mark,

form

passing

Complainant's

the

of

and

"Service Mark".

either

the

that

unique

and

none

rights

any

Further, by

complaint

mention

and

infringement of

the

identity

the

name

in

distinctive,

"Trade Mark"

name,

violation

domain

mentioned

Complainant

constitutes

said

trade

wide:

to

the

complaint

annexed

world

establishes

the

of

the

obtained

Complainant

mark.

Complainant

use

by

(Collectively),

annexed

also

invented

name/mark

a

the

name/mark

which

out

certificate

of

mark

are F

to

A

G.

it

with

said

Annexure

by

'HUIAWEI'

annexed

China

detailing

obtained

That

the

said m a r k .

obtained

Copies

for

Complainant

the

registration

is

E.

registrations

for

HUAWEI'

India

Annexure

Complaint

mark ,

mark

Complainant as

India,

use

of

Respondent

The name,

whatsoever off

rights the

and

is

in

the

disputed

amounts

to

misrepresentation is 14.

indulging

That

the

in

and

unfair

complainant

website/domain

business

is

details

the of

the

Annexure

name

H,

is

evident domain

of

from

the

name,

Complainant's for 15.

That

provides

with

fact

verbatim

domain

out

in

registered

Information

name

of

that

domain

the

the

as

2000 .

name

Technology.

of Its

disputed

duplication has

the

website

year

in

that

and

the

contact

complaint

complainant

is

the

been

of put

the up

sale. its

domain

also

s t a t e d by

name

confusingly mark

in

name

used

of

by

the the

name

complainant

the

to

the

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the

that

is

trade

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of

complainant

respondent

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in

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so

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registered

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is

to

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was

Neteye

that

guide

A print

annexed

stated

doing

complainant

the

website

www.huawei.in.

respondent

of

the

which

also

the

comprehensive

of

by

mentioned

Complainant.

Page

is

also of

said

www.huawei.com

It

has

activities

Further,

Respondent

competition.

name

www.huawei.com

Home

the

identical

or

or

rights.

identical

Complainant. the

the

mark

has is

that

malafide

It

is

service Domain to

the

stated

intention

of

the

respondent

even

a

single

disputed the

domain

of

evident

from the

letter

differs

name

and

cyber

squatting

mark/name

infringement.

either

a

other the

as form

mark,

the

name,

that

the

is

a

the

name

prima

of

facie

trade/service, of

domain

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said

name,

also

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name.

Respondent, of

corporate

use

has

interests

business

not

or

name

in

any

violation

of

rights.

legitimate The

that

between

constitutes

complainant

complainant

fact

and

The

whatsoever,

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That

the

Respondent

complainant.

case

16.

is

in

holding

stated has

respect

no

of

or

domain

is

names

the

rights the

apparently,

domain

in

in

and

the

selling

them. 17.

That

it

is

complaint

also that

registered after

the

domain evidence print

the

the

name

disputed

with

of

complainant

that

of

is

domain complaint

Whois name

in

six

years

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and

prima bad

record

facie

faith. of

www.huawei.com

as A n n e x u r e

its

Respondent

name

the

intentions

the

the

domain

www.huawei.com,

of m a l a f i d e out

the

fact

registration

complainant's annexed

s t a t e d by

J.

A

the is

18.

That the

it

is

respondent

disputed offered cause

with

of

the

the

disputed

name

the

and

registry on

in

is

did

also

sought

name

on

has

the

website

is

it

wouldn't

damage

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of

filed

stated not

during

to

the

transfer

the

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of

respondent

2006

got

after

of is

counter

respondent for

sunrise

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he

by

his

apply

opening

that

June

name,

and

has

16.02.05.

respondent

any

on

it.

It

and

if

website

that

complainant.

respondent

"huawei.in"

complainant

any

domain

domain

to

complainant

public

the

the

running

complainant

annexxures.

name

not

dispute

That

That

is

by

misrepresentation

"huawei.in" 20.

stated

domain

reputation 19.

also

that

domain

policy

registry further

of for

the

in

general by

his

fcr m o r e

the name

stated

registered waiting

with

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domain than

an

year . 21.

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respondent

not

use

worldwide 22.

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country

respondent

registered

further code

stated

domain

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he

does

of

the

that

the

website.

complainant

mark

has

(M/s the

"huawei",

has Huawei

domain but

also

stated

Technologies

"huawei.com"

that

does

not

and mean

Co.

Ltd)

the

trade

that

they

have

the

rights

in

all

other

TLDs

which

contain

"huawei". 23.

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it's

also

complainant has

not

domain is

(M/s

given name

being

03

June

24.

it

did

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does

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for

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to

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business.

(11)

for

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name. want

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has

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or

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faith.

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registered

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use

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maintainable. 28.

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the domain

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or

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made

respondent similar

in w h i c h

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www.huawei.in to

has

averments

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that

is

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it

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in

the

business

communication one

of

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of

business worlds

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billion,

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2007.

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expenditure

advertisement

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companies.

under

1999.

section use

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mark

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collaborated

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registration

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countries

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also

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I

Date:20.02.08

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