Thread: Complainant Wins Typo Domain in WIPO Dispute

In a recent WIPO UDRP case, the panel ruled that the respondent, who is based in India, registered the typo domain "freeonse.com" in bad faith (complainant owns freeones.com which is an adult website). The WIPO panel stated that the respondent gained financially when it exploited the confusing similarity between freeones and freeonse.

It looks like the complainant registered its trademark after the typo domain was registered. However, it claims common law rights since 1998 (before the typo domain was registered). In any event, the respondent did not file a response to the complaint.

As many of you know, adult web sites are restricted in India. Therefore, I wonder what would happen if a similar respondent had registered the .IN. I suspect the INDRP panel would not permit the continuation of the .IN website if it contained adult content. Perhaps they'd delete the domain rather than transfer it to the complainant? What do you think the INDRP would do in such a case?

Originally Posted by Ceres

As many of you know, adult web sites are restricted in India. Therefore, I wonder what would happen if a similar respondent had registered the .IN. I suspect the INDRP panel would not permit the continuation of the .IN website if it contained adult content. Perhaps they'd delete the domain rather than transfer it to the complainant? What do you think the INDRP would do in such a case?

NO , INDRP does not give any right to Arbitrator to order deletion of domain name or transfer it to the .In registry, but in past in few cases same was happen and all these cases are pending before the courts.

So if adult domain case came to INDRP process then arbitrator cannot order delete or transfer domain to .IN registry.

Originally Posted by Ceres

What do you think the INDRP would do in such a case?

If such case occurs then in this particular case Two situation arises : ONE : domain name ("freeonse.com" or .IN extension) itself is not suggesting as adult or offensive name then INDRP will decide the case on basic policy it will not matter what the name is and in SITUATION TWO : if content of domains are adult or pornographic then domain holder (respondent) has additional burden to prove his stand in addition of the policy compliance as he/she also violating .IN registry rules and possibility of loosing the domains are high.

But one thing is very much clear that arbitrator donot have right to order delete the domain or return the same to .In registry even if adult name or content are adult because once INDRP process initiated against any domain name then the same name cannot be subject to any other violation as one case is already pending against the same and once result of INDRP process is out then any other violation on domain name by previous owner can bring to proceedings.

Thanks for the clarification Mitsu!

I now understand that the Arbitrator does not have the power to order such domain deletion. Who would usually initiate the separate proceedings regarding the violation of .IN Registry rules?

.IN registry or any person can initiate the proceeding for violation of Indian law on any domain ? But currently if someone informs .IN registry about any violation they immediately starts process if they find any violation on domain name.