Thread: Do You Have INDRP Questions?

We will be doing an interview of Gurpreet Singh about the INDRP soon.

If there is anything you want to know about the INDRP, or if you have questions about recent INDRP decisions, please let me know, either by posting in this thread, or via PM.

* How to i protect my names from being taken away under INDRP
* Is there any plenty that registrant has pay if he registers TM domain

(1) I'm confused about the bad faith test. Can Gurpreet Singh please explain in layman terms what the actual test is. For example, in the Bare.in decision, it did not talk about the complainant showing bad faith, instead it talked about the respondent not showing good faith. Aren't they two different tests?

(2) If a respondent parks his/her website or has an undeveloped website, will it hurt their chances in an INDRP case?

(3) How easy is it for a company to register generic terms in India? For example, Pantaloon registered the trademark "all." Also, I mentioned in a previous post that a few companies held trademarks for the term "honey."

Thank you.

Thanx Jeff, for arranging the interview.

Couple of questions:
(i) If a respondent registers a dropped domain, and there is *no* trademark on the domain, but an existing company for the domain name with the complainant, how strong does the case does the complainant have?

(ii) Can a developed domain be taken because of a TM issue although the developed site is totally unrelated to the TM.


--Ace

Great questions - please keep them coming!

my question;

parking is considered a liability in an INDRP case.

now some parking companies offer website like features with revenue earning opportunities.(a.k.a. noom**.com for instance)

for such a free webhosting (if i may call it that) ,with enough content .will a site @ such a company constitue parking or is that at par with a paid webhosting company!

So should i go in for using n*** or h**gator to put it in words!!

Originally Posted by kaustavk666

my question;

parking is considered a liability in an INDRP case.

now some parking companies offer website like features with revenue earning opportunities.(a.k.a. noom**.com for instance)

for such a free webhosting (if i may call it that) ,with enough content .will a site @ such a company constitue parking or is that at par with a paid webhosting company!

So should i go in for using n*** or h**gator to put it in words!!

Good question.

I'm wondering how date of registration of Trademark and date of aquisition of a domain influence the dispute. Let's make an example:

1. A domain is registered since 01 Jan 07, TM of a company that claims ownership in the domain is registered 01 Jan 08, I bought the domain at 01 Jan 09.

or

2. TM of a company that claims ownership in the domain is registered 01 Jan 2000 and I bought the domain 01 Jan 2008

or

3. I bought the domain 01 Jan 07 and TM of a company that claims ownership in the domain is regsitered 01 Jan 08.

Does the date of registering of a TM of a company that claims ownership in the domain and the time of registering (or buying) a domain influence the case?

Thank you very much!!

Was/is there a consortium of major players in India formed solely for the purpose of picking off premium domains by using dodgy (but acceptable) tm's for potential monetary gain?

Blunt and to the point but I am sure Mr Gurpreet Singh will be aware if something like this has occurred is occurring.

I'm sure that it happened; but it happens in all domain land rushes.

I'm not sure I can ask this though!