Respondent further contends that it is a non-profit, charitable organization registered under the Societies Act in India which has continuously operated Osho Meditation Camps to spread the teachings of Osho and has conducted mediations in Delhi since its creation in 1996. Respondent Atul Anad is Administrator of Respondent Osho Dhyan Mandir and also a Trustee of the Osho World Foundation, an international, charitable organization dedicated to promoting the teachings of Osho, which operates Osho World, a galleria in New Delhi, India. The Galleria is a bookstore, meditation center, performance studio and study area for all things related to Osho. It opened in New Delhi on April 1, 2000. Complainant has not met its burden to prove by a preponderance of the relevant, admissible, evidence that Respondents domain name has been registered and is being used in bad faith.
Complainant appears to be a New York for profit entity.
The overwhelming evidence indicates that it refers to Osho, his teachings and his spiritual movement. This Arbitrator does not and cannot invalidate the U.S. and foreign mark registrations of OIF, a Swiss Corporation. This Arbitrator holds only that for all of the above-stated reasons, Complainant has no rights in any marks which are identical or confusingly similar to the domain name in question. Respondent, ODM, a non-profit, charitable education and spiritual entity, clearly registered and is using its domain name in good faith. However, as set forth hereinabove, there is no credible evidence of record to establish that Respondent has intentionally attempted to attract, for commercial gain, Internet users to its Web Site or other on-line location, by creating a likelihood of confusion with Complainant s mark as to source, sponsorship affiliation or endorsement of its Web Site or location of a product or service on its Web Site or location.