15 June 2009

eNom Inc.
Registrar, Domain Names
eNom Headquarters
15801 NE 24th St.
Bellevue, WA 98008 USA

Dear Sir,

Acting upon the instructions of and for and on behalf of our Client Organizing Committee, Commonwealth Games 2010 having their address at Indian Olympic Bhawan, B-29, Qutub Institutional Area, New Delhi-110 016 (hereinafter referred to as “Our Client”), we hereby submit our Complaint against the domain name www.cwgvisit.com, which stands registered in the name of Indian Domain Registrars having their address at Domain Hostmasters, D-61, Shiv Heera Path, Jaipur – 302 001, India.

1. Our Client, a registered society under the Societies Registration Act 1860 of India, is empowered to plan, manage, organize and deliver Commonwealth Games Delhi 2010. Our Client has been vigilant about its Intellectual Property Rights which includes its various trademarks, copyrights, designs, logos, Commonwealth Games’ mascot, website and domain name etc. and has sought its protection before respective and concerned authorities for the affairs pertaining to the Commonwealth Games Delhi 2010.

2. Our Client has also applied for registration of the domain name cwgdelhi2010.org under classes 16, 25, 28 and 41 with application numbers 1670827, 1670842, 1670834 and 1670837 respectively. Our Client is thus the proprietor of inter alia the domain name as well as the trademark cwgdelhi2010.org and carries on its business inter alia relating to trade promotion, commerce, organizing the Commonwealth Games and all the activities related to the Commonwealth Games.

3. Our client has learned that without any authority and with dishonest and mala fide intentions, the registrant of the domain name www.cwgvisit.com i.e. Indian Domain Registrars has got the same registered with your portal eNom Inc. being the Registrar, with a view to cyber squat and/or to capitalize the immense reputation enjoyed by Our Client and/or to mislead the public into believing that he is either associated or authorized by Our Client to own this unscrupulous domain name www.cwgvisit.com.

4. The registrant has also been displaying the history of the commonwealth games, various photographs and various other information related to commonwealth games, on the webpage opening through the domain name www.cwgvisit.com merely with a view to represent to the public at large that the impugned domain name is the domain name authorized by Commonwealth Games Federation and/or Organizing Committee, Commonwealth Games 2010. Such an illegal conduct on the part of the registrant Indian Domain Registrars also amounts to dilution of the goodwill and reputation of Our Client.

5. The aforementioned conduct of unauthorized adoption and illegal registration of the domain name www.delhi-2010.com which is confusingly and/or deceptively similar to the trademark and domain name cwgdelhi2010.org owned by Our Client is contrary to the law and attracts penalty under various provisions of Intellectual Property Law, Criminal Law and Civil Law of this country.

6. Therefore, under the facts and circumstances enumerated above and by way of abundant caution and without prejudice to any other relief that Our Client may seek against the registrant Indian Domain Registrars, we request your kind intervention to block the unscrupulous domain name www.cwgvisit.com.

7. In compliance with the procedure prescribed in your portal eNom Inc. for submitting complaints, we have already furnished the required information pertaining to trademark application numbers of Our Client at the requisite places in the given form. In addition to the above, we also seek to attach herewith the scanned version of the legal notice, which notice was served upon the registrant Indian Domain Registrars calling upon them to inter alia cease and desist from using the impugned domain name and that the registrant should request you being the Registrar to have the domain name www.cwgvisit.com blocked. The same has however gone unheeded.

Hence the instant complaint for your kind consideration.

for Dua Associates
Advocates
Tolstoy House
15, Tolstoy Marg
New Delhi-110 001
Telephone: +91 11 2371 4408
Facsimile: +91 11 2331 7746, 2335 7097
Email: [email protected]