Thread: Indian domain lawyers ??

Look, I have realised in 2009 it is time to get serious in regard
to fighting UDRP complaints (for .com domains mainly) and
thus I am looking at best jurisdiction. I was thinking that maybe
India would be good because it would mean that maybe
I could grab Indian jurisdiction if I regged domain with
someone like Directi then ,and this is why the post, use a
cheap Indian lawyer to issue a complaint and interrupt the
UDRP process.

Anyone know any cheap and cheerful lawyers in India or
indeed what do you think about this idea ?.

I hate being like a sitting target and intend fighting UDRP's
in Court.

DG

According to UDRP rule 3(b)(xiii), the Complainant must:

State that Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutual Jurisdiction;

In UDRP rule 1, "Mutual Jurisdiction" is defined as:

Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.

So your plan would really only work if you (or your company that owns the domains) were located in India.

Even then, I wonder if your plan makes sense. The purpose of the UDRP is to provide a quick and easy alternative to court litigation. It seems to me that it really only makes sense to go to court if you lose a UDRP - there don't seem to be many advantages to interrupting the UDRP to go to court.

If you are looking for an Indian lawyer, you may want to contact Pravin Anand:
Pravin Anand : Indian Domain Name Blog

Jeff

Thanks for your response. The key to it is the "OR" mentioned in
your quote. They can either choose my address in UK ,or where ever
the Registrar is based. For example, I am dealing with a UDRP
at moment for which they have chosen Germany as jurisdiction
rather than my home in UK. I do not at all trust process of
UDRP, especially WIPO, as there are too many vested interests.
They know full well if decisions were based on trademark
laws then they would never give a domain to a complainant.
That is why I prefer to rely on choosing a good jurisdiction and
invoking right to litigate.

Thanks for link also.

DG

I'm guessing most complainants would choose the UK over India as a jurisdiction. The way I read the UDRP it's the complainant's choice.

Yes, the panelists on the UDRP have really extended its scope. It was really meant as a summary procedure to deal with blatant cases. In my opinion, if it's not a blatant case of trademark infringement, the complaint should be dismissed. The courts are there for the other cases.

Originally Posted by Jeff

I'm guessing most complainants would choose the UK over India as a jurisdiction. The way I read the UDRP it's the complainant's choice.

Yes, the panelists on the UDRP have really extended its scope. It was really meant as a summary procedure to deal with blatant cases. In my opinion, if it's not a blatant case of trademark infringement, the complaint should be dismissed. The courts are there for the other cases.

Jeff


To be honest the UK Jurisdiction is not good at all for domains,
they do not seem to be interested. I am though looking at
the USA / East Virginia which may be better than India. I liked
the Appeals Court ruling in barcelona.com . I used a name
for 3 years. I have applied for a TM in UK but still the
WIPO panelist transferred to someone in UAE who does
not have any trademark. Why so ?. Because WIPO
is corrupt and pro IP rights and they see complainants
as source of revenue not respondents.
DG

I don't completely agree with your views on WIPO, but maybe there is more to it than I am aware of..as for your jurisdiction, US would provide you with the best platform as they currently are responsible for almost half the number of cases..so you can be assured of a quick resolution atleast..

Pavan Duggal Cyberlaws.net

Thanks URLtrader!

Originally Posted by Jeff

Thanks URLtrader!

You are welcome.

Hard to find good lawyers, no matter what domain you've got or where your company is. You'll have to have the big bucks for it. Good luck.