Thread: Internet.in High Court Decision

The High Court of Delhi has just released the decision of the appeal from the arbitration of Internet.in:
Stephen Koenig vs Arbitrator, National Internet on 14 December, 2011

Some commentary about it at:
India Court Upholds Order Canceling The Registration Of The Domain Internet.In Based Off Of A Trademark On Internet | The Domains

That decision certainly doesn't shed any positive light on the extension...

Let's wait for Mitsu, maybe they could provide some insight on the matter.

Notice that Internet trademark was registerd in class 34 - "Tobacco, smokers' articles, matches". Nothing to do with Internet network. Looks like trademark used for reverse hijacking.

Sorry poet. I disagree with you.

As a player one need to obey the rules. here the owner has not obeyed the rules by putting the domain on sale...

see my comments in the blog..

India Court Upholds Order Canceling The Registration Of The Domain Internet.In Based Off Of A Trademark On Internet | The Domains

Not Surprising decision, High Court strictly gone as per the INDRP rule.We were provided the copy of this decision two days before by my advocate and we didnot find any thing new in this decision ? Advocates who represented the case are our good friend and client and they regularly seek our directions in such domain related cases.

On this forum we regularly discuss whatever provided or written in internet.in decision. There is no point to panic, this decision is not provided anything new, see if you park the domain (Violating TM holder right) or keep it for sale and trademark holder claims the domain name then certainly you will be in trouble.

Alone having trademark will not give complainant the right to domain name but registrant mistake (Keeping for sale or keeping on parking and showing violation of TM term) always give way to TM holder to get the domain name. For INDRP or UDRP or any court ruling three points should be proved and all three required :

1. Trademark
2. Bad Faith
3. Usage of domain name

and if Trademark holder files complaint he/she have only one point in his/her hand i.e Trademark but other two point is always in the hand of registrant, the registrant is the person who gives opportunity to TM holder to file the case if registrant violates the other two points.

So to safeguard your domain names always have minisite and lot of other things to do ? even in UDRP if you violates the basics then your domain name are in danger ?

If you still have questions call us we will clarify the issues in your mind or ask us we will surely guide you, nobody can take your domains unless we do mistakes so avoid mistakes to safeguard your domain name?

Very informative and quite useful one. In other words, dot in registry encourages the end users not the domainers.. so the domainers with the good names should act/pretend as end users to develop the dot in industry further

Were there not quite a few tm's registered in India purely to get the top domains after the .in launch?

So, what's the conclusion now? Taking all of the generic .in-Domains out of parking?

Originally Posted by nitro

So, what's the conclusion now? Taking all of the generic .in-Domains out of parking?

This is a good thread to review:
When Are Indian Domain Registrations At Risk?

Originally Posted by nitro

So, what's the conclusion now? Taking all of the generic .in-Domains out of parking?

I would say, checking all valuable names in the Indian Trademark database:
Trade Marks : Public Search
and find which of your domains are vulnerable to similar claims (that is registered/bought after a TM had been registered).

and then remove from Sedo, etc or better put a minisite on them.

The problem is that going through all classes is time consuming. If someone have hundreds or even thousands .in's he/she is basically stuck.

What is needed is something going through all classes within one search. Perhaps someone could write a php curl script to help with it? Or perhaps something like that already available?