Ellis Goldberg, manager of trc.NET's European office in London, says that Nishan had been "harassing her [Bindra] for three years... It's obscene what these guys tried to do."
According to Goldberg, the law firm representing Nishan Systems in the matter, Pillsbury Winthrop LLP, tried to intimidate "everyone and anyone" associated with this case. "Almost immediately before they incorporated and had a trademark on Nishan Systems, they started calling her up," he says. "I got involved in it because I couldn't believe this company was acting like this." Goldberg adds that Pillsbury Winthrop even sent a box of "legal paperwork" to Bindra's mother, who had nothing to do with the domain name dispute, at her home address.
In its WIPO complaint, Nishan claimed that the owner of nishan.com originally offered to sell the domain name for $10,000, then subsequently increased the asking price to $300,000. However, notes the WIPO ruling, "No evidence was produced to substantiate any of these claims." Goldberg asserts that Bindra was never interested in selling the domain name; he says when Nishan Systems was attempting to negotiate to buy the domain name, the company offered $2,000.
One of the main factors that swung the matter in Bindra's favor was that she had registered nishan.com on August 22, 1997 -- more than a year before Nishan Systems was founded. Nishan registered the domain name nishansystems.com on November 13, 1998.
While WIPO agreed with Nishan Systems that nishan.com is "confusingly similar to the Complainants registered trademarks," it concluded Bindra has a legitimate right to the domain name and said there was no evidence that she registered or used it in bad faith.
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