Thread: When Are Indian Domain Registrations At Risk?

What sort of problems should a foreigner expect now or in the future with owning a .in domain name. For example India seems to have vague obscenity laws that could be apply to .IN's? Also i wonder how easy is it for a India company to just register the trademark and take an existing domain? What about the future? Could the .IN registration rules be completely changed?

All IN Registry rules apply equally to everyone, regardless of where they live or what nationality they are.

There always seem to be rumours swirling around that this will change, but I doubt it as this would reverse the main trend of the last 5 years which has been opening up .in to the world.

Adult domains are probably risky to own. Adult web sites in India are restricted as being against public morals and decency.

Someone filing a trademark after a domain is registered should not make a difference. One prong of the test in the INDRP is registration of the domain name in bad faith. There can't really be bad faith if when you registered the domain the trademark didn't exist.

Jeff is right , for .In registry there is no difference between Indians or Non Indians, following type of Registrations are always at Risk : (According to our personal experience and what we understand from .IN registry from time to time) :

1. Adult and pornographic domain names. (also against .In registry rules)
2. Domain name similar to Govt. website name like ...if name.nic.in or name.gov.in already in existence and you register domain name.co.in or name.in then you always in risk of loosing the domain.
3. Domain Name you hosted with content against any Law of India, here again Adult and pornographic content can also be reason for suspension and deletion of domain.
4. Domain names spreading virus or having harmful contents on that. Sometimes CERT (Computer Emergency Response Team) instruct us to suspend such domains.
5. Domain Names similar to popular Indian Trade Marks even if you say no bad faith.
6. Domain Name involved in distributing or selling contents (free or charged) stolen from Govt. Database or some information which Govt. thinks is of importance or having Govt's exclusive right on it, like giving Trademark/ Income Tax PAN card holder database or Copy of any Govt. Publication etc.
7. Illegally linking of Govt. Website or giving impression of Govt. website.
8. When Domain Name is showing parking website then:
A. where parking content shows violation of any Indian trademark.
B. Where your domain is simillar to any trademark name and parking content shows trademark holder's competitors advertisement then in such situation trademark holder can take advantage of this to get the domain name.
C. Your Parking page mentions Domain is for Sale.
D. Again showing Parking content against Govt. Policy like adult/porno.
9. Domain is kept on SALE is always a bad faith registration and in some INDRP cases we saw that trademark holder manipulated this situation and got the domain.

According to INDRP it is domain registrant duty to check with Indian Trade Mark or Copyright data before registering the domain name for violation of any IP right ?

So whenever INDRP proceedings run on domain and if you file the copy of trademark database check you did at the time of registration then your case is weighted as you can prove that there was no trade mark filed on that date and you completed your duty, that makes huge difference before the Arbitrator even if complainant proves prior uses of term but you cannot be at fault.

According to us to protect you domain you should :

1. Run a small website on domain with advertisement (Google etc.), It is thousand time better option then parking.
2. If according to you domain name is very expensive and important to you then immediately file Indian Trademark on that. Donot risk your domain (it is friendly advice)
3. Indian Registrar for domain is better choice, as Indian registrar can better coordinates with .In registry in case of any problems with domain name. (Purely our view which we learn from our customers experience).
4. If somebody ask you for price of domain name then first confirm his or her identity then quote pricing if possible discuss on phone instead of writing.
5. Donot keep domain on sale. (always counted as bad faith).

and many more points like this, all this differs from domain to domain.

Please note that we posted above details for all .IN domain user according to our personal experience and we donot want to go in any kind of discussion on that, if you like it please post your opinion, if you donot like it same is your choice.

We at Mitsu always try to protect our customer and sometimes we advice them how to protect their .In domain ? and same thing can be vouched by lot of .IN Domain Forum member who have direct interaction with us.

We will inform you whenever any new developments are coming.

Originally Posted by Mitsu

Jeff is right , for .In registry there is no difference between Indians or Non Indians, following type of Registrations are always at Risk : (According to our personal experience and what we understand from .IN registry from time to time) :

1. Adult and pornographic domain names. (also against .In registry rules)
2. Domain name similar to Govt. website name like ...if name.nic.in or name.gov.in already in existence and you register domain name.co.in or name.in then you always in risk of loosing the domain.
3. Domain Name you hosted with content against any Law of India, here again Adult and pornographic content can also be reason for suspension and deletion of domain.
4. Domain names spreading virus or having harmful contents on that. Sometimes CERT (Computer Emergency Response Team) instruct us to suspend such domains.
5. Domain Names similar to popular Indian Trade Marks even if you say no bad faith.
6. Domain Name involved in distributing or selling contents (free or charged) stolen from Govt. Database or some information which Govt. thinks is of importance or having Govt's exclusive right on it, like giving Trademark/ Income Tax PAN card holder database or Copy of any Govt. Publication etc.
7. Illegally linking of Govt. Website or giving impression of Govt. website.
8. When Domain Name is showing parking website then:
A. where parking content shows violation of any Indian trademark.
B. Where your domain is simillar to any trademark name and parking content shows trademark holder's competitors advertisement then in such situation trademark holder can take advantage of this to get the domain name.
C. Your Parking page mentions Domain is for Sale.
D. Again showing Parking content against Govt. Policy like adult/porno.
9. Domain is kept on SALE is always a bad faith registration and in some INDRP cases we saw that trademark holder manipulated this situation and got the domain.

According to INDRP it is domain registrant duty to check with Indian Trade Mark or Copyright data before registering the domain name for violation of any IP right ?

So whenever INDRP proceedings run on domain and if you file the copy of trademark database check you did at the time of registration then your case is weighted as you can prove that there was no trade mark filed on that date and you completed your duty, that makes huge difference before the Arbitrator even if complainant proves prior uses of term but you cannot be at fault.

According to us to protect you domain you should :

1. Run a small website on domain with advertisement (Google etc.), It is thousand time better option then parking.
2. If according to you domain name is very expensive and important to you then immediately file Indian Trademark on that. Donot risk your domain (it is friendly advice)
3. Indian Registrar for domain is better choice, as Indian registrar can better coordinates with .In registry in case of any problems with domain name. (Purely our view which we learn from our customers experience).
4. If somebody ask you for price of domain name then first confirm his or her identity then quote pricing if possible discuss on phone instead of writing.
5. Donot keep domain on sale. (always counted as bad faith).

and many more points like this, all this differs from domain to domain.

Please note that we posted above details for all .IN domain user according to our personal experience and we donot want to go in any kind of discussion on that, if you like it please post your opinion, if you donot like it same is your choice.

We at Mitsu always try to protect our customer and sometimes we advice them how to protect their .In domain ? and same thing can be vouched by lot of .IN Domain Forum member who have direct interaction with us.

We will inform you whenever any new developments are coming.

Very Comprehensive article.

C. Your Parking page mentions Domain is for Sale.

Why is this forbidden?

Thanks for an excellent post Mitsu! I've just stuck the thread.

I'll change the title too to better reflect the information in the thread.

Originally Posted by djidji

Why is this forbidden?

I would think that goes to registering the domain for an illegitimate purpose.

If you mention "Domain for Sale" then you are violating INDRP Policy 4 (ii), 4 (iii) and 6(i) see the details of INDRP POLICY.

If you are parking domains may be in trouble by policy 4(ii), 4(iii) and 6(iii) and above all 7(iii).

Now open the INDRP and check the above point ? and please donot ask us why INDRP.IN (owned by us) domain is forwarded to .IN registry website (permission already obtained)

I think most of domains parked at for example sedo have 'domain is for sale' are they all breaking indpr policy?

Originally Posted by djidji

I think most of domains parked at for example sedo have 'domain is for sale' are they all breaking indpr policy?

Yes ! .In registry's view is that when complaint is filed by trademark owner on these domains then chances of of winning is almost NIL. As Bad Faith is already proved as per 6(i).

You can ask Sedo to delete the particular term, I think they are allowing to delete this term ?