Talk about a vague INDRP decision: Alibaba.in

Ceres · #1 (**permalink**) 02-01-2010, 01:44 PM

I think issuing INDRP decisions like in this Alibaba.in case is unacceptable:

Quote:

After having gone through the records, documents, produced by the Complainant, Arbitrator's findings are that the complainant has proved all the aforesaid premises in his favor and he is has produced all the documentary proof in his favor to satisfy the Arbitrator The Respondent is not with clean hand and his intention is wrong. Therefore he has no right to use the disputed domain name.

That's it? We don't get a breakdown as to how the complainant actually proved the three-prong test?

Ace · #2 (**permalink**) 02-01-2010, 04:45 PM

Quote:

Originally Posted by Ceres

I think issuing INDRP decisions like in this Alibaba.in case is unacceptable:

That's it? We don't get a breakdown as to how the complainant actually proved the three-prong test?

What kind of language is this?

Quote:

The Respondent is not with clean hand and his intention is wrong.

Although the decision is correct, the way it was reached leaves lot to be desired.

Ceres · #3 (**permalink**) 02-01-2010, 06:04 PM

Quote:

Originally Posted by Ace

Although the decision is correct, the way it was reached leaves lot to be desired.

Ace, if the Arbitrator doesn't reveal his/her findings, then how do we know for sure that the decision is correct?

While I'm not disputing that the complainant likely owns a trademark for Alibaba, I'd like to see the Arbitrator go through all the required tests before allowing a complainant to succeed in an INDRP case.

BTW, aren't there other companies in India with 'Alibaba' in their name?

Ceres · #4 (**permalink**) 02-18-2010, 03:37 AM

According to this article, Alibaba intends to offer content that's customised for Indian suppliers, buyers and traders.

I notice that the Alibaba.in decision did mention the following:

Quote:

It is proposed that the local Indian B2B trading platform will be operated using the Domain Name www.alibaba.co.in and same was owns by a decision in 2008 as shown by Annexure -7.

Now that Alibaba has also been awarded the .in domain, I wonder if it will stick with the .co.in (or go for the .in).

...and yes, the question comes up a lot: which is better: .in or .co.in?

Which domain do you think they'll end up using next month?