The Complainant had used a composite mark using the phrases ``Duniya Dekho'', ``Cox & Kings'' and the expression ``Add more to your world''. The issue arose as to whether the use of the above composite mark created trademark rights in the expressions ``Duniya Dekho'' and ``Add more to your world''.

Here the two phrases ``Duniya Dekho'' and ``Add More to your World'', were not inherently distinctive as ``Duniya Dekho'' in Hindi means See the World which when used in relation to international tours by a travel agency is a descriptive expression. Similarly, ``Add more to your world'' would also be descriptive.

The panel had to decide if descriptive phrases, expressions and slogans have trademark rights and what is the degree of distinctiveness required for such slogans in an action such as the present one, is

There are various kinds of phrases or slogans:

* A phrase used purely in an advertising sense and not in a trademark sense at all;

* A phrase used as a trader's name for his goods in which case it will probably be a trademark.

* In between, there may be phrases which serve both the functions - these will probably be trademarks but it might be necessary to show that they have a branding function in addition to being an advertising slogan.

In deciding where a phrase falls within the above classification, it is important to know the intention of the trader in using the mark and the effect that the use of the mark has had on the public. If the phrase is used with another trademark then it may be inferred that the mark has being used as a mere advertising slogan. If the phrase is used independently and not in conjunction with any trademark then it will probably be intended to be used as a true trademark.

In the present case the Complainant was able to prove that the phrase ``Duniya Dekho'' had been used independently of Cox & Kings and, therefore, has a separate commercial impression quite apart from the trademark Cox & Kings. The phrase `Duniya Dekho' had acquired secondary meaning and trademark rights due to overwhelming and extensive use.

The panel observed that due to extensive advertising in today's world and particularly on the Internet, marks can acquire distinctiveness and descriptive marks can acquire secondary meaning in a far shorter time period than at a time when only conventional media was available for disseminating information about goods and services.

On the facts presented to the panel, the panel concluded that the phrase `Duniya Dekho' was used as a trademark while `Add more to your World' was a mere advertising slogan. Thus the Complainant had trademark rights in the former but not in the later phrase.

*Legitimate interest and bad faith

The Complainant must also prove that the Respondent does not have any legitimate rights in the name and that the domain names were registered and are being used in bad faith. In the present case the Panel held that the Respondent did not have any legitimate rights in the domain names as he was not commonly known by the domain name.

The Complainant had submitted evidence to show that the Respondent had implemented a clear cybersquatting strategy to register the advertising baselines of several well-known brands, in the corresponding domain names. The Respondent had registered several domain names including www.tastethethunder.com, www.yehdilmaangemore.com, www.bringhometheleader.com, www.dilmaangemore.com, www.believeinthebest.com.

The Panel held that `Duniya Dekho' was an essential feature of the composite mark as it seemed to have been intended as a trademark and that is also the effect in the market place. Hence, it ordered the transfer the domain name, www.duniyadekho.com, to the Complainant.

Conclusion

#A lot of companies use ad-lines in their advertisements, these ad-lines are catchy and have developed instant recognition and association with the company using such ad-lines. These ad-lines are as important as the trademarks, as their function is similar to those of trademarks, which are identification of goods with a company. As they become more important, they are also used as an important window to the corporate or product Web site.

#Hence, companies must take steps similar to the ones they take to protect their trademarks. Companies must register ad-lines as trademarks and use them independent of trademark . The company will have to advertise such lines to achieve distinctiveness in the minds of people and register corresponding domain names.

*Concluded

(This is the second and concluding part of the article which appeared in`e-World' dated August 16.)