Thread: Seeking Indian Lawyer info

I am looking for an Indian lawyer who would take on a case on no win no fee. Any ideas of anyone ?.

Thanks

This is a basic email I have typed to explain;

I am looking for an Indian law firm who would be prepared to act on a "no win no fee" type of basis. Let me explain briefly, but please ask me
any specific questions you like, what I am seeking;

1. I own and also manage a large number of .com domain names (you know Example Web Page) .
2. There is a procedure called "UDRP" whereby anyone who feels that they should own a particular .com domain may take matter to WIPO and seek to get the domain name transferred to themselves and take it from myself/other owners.
3. Within the UDRP procedure is a clause that states that , quote "If any legal proceedings are started then the UDRP will cease to proceed..." THIS therefore is a good way for owners like myself to protect myself from such UDRP proceedings and thus retain the domain.
4. Quite often in this situation the "Complainer" will purchase the domain name from myself.

What I am looking for is a lawyer who would be prepared to issue proceedings in Indian Court (I will of course transfer all my domains to Directi so they are in Indian Jurisdiction) and in return we can share 50%/50% any revenue received in regard to the domain
name in question. In other words, a complainer will issue a UDRP because they need to .com domain I own or manage. You will issue an injunction or other proceeding in Indian Court. The UDRP procedure then stops. The Complainer will then contact us to purchase the domain name ,since they want/need it. I am speaking of what could be a large and lucrative business model.

Please let me have your comments

It sounds like you're expecting to be involved in a lot of UDRP proceedings?

Originally Posted by Ceres

It sounds like you're expecting to be involved in a lot of UDRP proceedings?

Not expecting so much as wanting to be prepared. I have lost a couple at UDRP that should never have been lost and under TM laws would not have been . There is an anomaly in UDRP rules in that a trademark for say "A" can be obtained because it is in some weird and wonder color and shape. They can then use that TM in UDRP take a text based "A".com from someone . I read the Appeals Court decision in Barcelona.com and that is a good and sensible decision.,

DG

Originally Posted by domaingenius

Not expecting so much as wanting to be prepared. I have lost a couple at UDRP that should never have been lost and under TM laws would not have been . There is an anomaly in UDRP rules in that a trademark for say "A" can be obtained because it is in some weird and wonder color and shape. They can then use that TM in UDRP take a text based "A".com from someone . I read the Appeals Court decision in Barcelona.com and that is a good and sensible decision.,

DG

DG, sorry to hear about the two domains you lost via UDRP. While there are obvious cybersquatting cases, we are also seeing many reverse domain name hijacking attempts. Are the two decisions under appeal?

I'm not sure that many intellectual property lawyers will take on no-win no-fee cases (it's more common in personal injury cases etc). In any event, in answer to your original question, the main Indian intellectual property lawyers that I've heard of are as follows:

• Pravin Anand (see Anand and Anand website here)
  
  
• Gurpreet Singh
  
  
• Also, I vaguely recall Mitsu mentioning on another thread that it uses in-house lawyers. Perhaps contact Mitsu for more info.

Obviously, I have no idea if these lawyers will actually take on no-win no-fee arrangements for your domain related cases.

Best of luck.

Ceres

Thanks for post and info. I have ongoing case in Germany with IP lawyer on special terms but want to find one in India if possible as will be better for strategy reasons I think. I will try the two that you mention. I have also started getting trademarks for some domains but is too
expensive to get for all domains. As that strategy works and pays off then so I will register more trademarks.

We'll see, the "game" is only just beginning.

DG