Thread: Indian domain lawyers ??

Also, I dont know how many people are actually aware of this, but we are currently in the stone age when it comes to cyber laws..we need to add a hell lot more..and this is one of the reasons there are not many acclaimed lawyers when it comes to cyber crime..

I had received two notices from the lawyers mentioned above for my .In domains and I referred my case to my registrar Mitsu and they handled my case so efficiently that till date no INDRP complaint came against me. And they refused to even charge us as I am their old customer. Even for INDRP cases they charge less then USD 1000, they also suggested us for Indian Trademark registration and we did with their help in less then US$120. Thanks to Mitsu, they suggested us how to protect our .In domains ? I suggest you to ask them and then decide ?

Thanks for the replies. In fact let me say why I think India
is good Jurisdiction for my needs. If someone serves you with
a UDRP complaint THEN as soon as you issue any legal proceedings like injunction the UDRP ceases to proceed thus forcing settlement.
I can guess that Indian Courts would take YEARS to hear a case, am I right ?.

DG

Originally Posted by URLtrader

Pavan Duggal Cyberlaws.net

Thanks for that link.

DG

Originally Posted by domaingenius

Thanks for the replies. In fact let me say why I think India
is good Jurisdiction for my needs. If someone serves you with
a UDRP complaint THEN as soon as you issue any legal proceedings like injunction the UDRP ceases to proceed thus forcing settlement.
I can guess that Indian Courts would take YEARS to hear a case, am I right ?.

DG

Yes the usual ones do take a lot of time

Originally Posted by domaingenius

I can guess that Indian Courts would take YEARS to hear a case, am I right ?.

I recall a member here was involved in (non domain related) legal proceedings in India, and I was astonished how long the case had been going on... and I'm very used to how slowly legal proceedings move in Canada/US/UK.

Currently, there's only a 466-year backlog at the Delhi High Court.

well, how many generations will that be?

domaingenius - you should also be aware that some American courts have in rem jurisdiction against domains.

The courts basically say that .com, .net, etc domains are property located in Virginia, and of course a Virginia court has jurisdiction over property located in Virginia.

a powerful mechanism under the Anticybersquatting Consumer Protection Act (”ACPA”) by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court’s personal jurisdiction over the registrant.

NBC Universal’s lawsuit was an in rem action, a type of action provided for under 15 U.S.C. §1125(d)(2) which allows, under certain circumstances, a plaintiff to proceed directly against a domain name to enforce ownership rights in it. The court had allowed NBC Universal to proceed in this manner because it would not have been possible for the court to obtain personal jurisdiction over the registrant.

When the defendant is a domain name: the power of in rem proceedings under the ACPA : Internet law - Evan Brown - Internet Cases

Jeff


Thanks for that. In fact I had thought of Virginia as I knew of
the Barcelona.com case BUT ,and its the decider, is that I
could not yet find a lawyer who would take a case on a no win
no fee, or even a percentage of the domain sales revenue (as I
have just done in Germany). I am really shopping for a jurisdiction
that I can get such a lawyer. If I could find one in Virginia it
would be great and would move all domains into that juridiction
for "protection" from UDRP's. The one case I do want US Lawyer
for closely resembles barcelona.com and if you know anyone
would fund, for a share, then please let me know .I think if
I could issue claim in US then they would cough up immediately.

Thanks
DG

Originally Posted by Jeff

domaingenius - you should also be aware that some American courts have in rem jurisdiction against domains.

The courts basically say that .com, .net, etc domains are property located in Virginia, and of course a Virginia court has jurisdiction over property located in Virginia.






When the defendant is a domain name: the power of in rem proceedings under the ACPA : Internet law - Evan Brown - Internet Cases