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2023 Supreme(Del) 5178

PRATEEK JALAN
Microsoft Corporation – Appellant
Versus
Zoai Founder – Respondent


Advocates appeared:
Mr. Ashim Sood, Ms. Anditya, Ms. Jasleen Kaur, Advocates, for the Petitioner.
Mr. Vishal Bakshi, Ms. Kanchan Vashisht, Mr. Pradeep Shukla, Advocates, for the Respondent.

JUDGMENT

1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner challenges an award dated 18.02.2019, rendered by a learned sole Arbitrator under the ".IN Domain Name Dispute Resolution Policy" [hereinafter referred to as "the INDRP"]. By the impugned award, the learned Arbitrator has declined the petitioner's claim for transfer of the disputed domain name-https://zoai.in/by the respondent to it.

A. Facts:

2. The petitioner claims to have diverse products and services, including computer software, computer services, devices, and other technological solutions, for which it is the owner of various trademarks, including the trademark "Zo". It claims to have launched an artificial intelligence chatbot in December, 2016, named "Zo".

3. The petitioner, therefore, made a complaint before the National Internet Exchange of India [hereinafter referred to as "NIXI"] against the registration of the disputed domain name by the respondent. The dispute was to be resolved by an arbitrator appointed by NIXI, in terms of the INDRP. By a communication of the NIXI dated 31.12.2018, Mr. Ankur Raheja was appointed as the Arbitrator to adju

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