When Are Indian Domain Registrations At Risk?

Discussion in 'Legal Issues and Dispute' started by chaudi, Sep 6, 2009.

  1. chaudi

    chaudi Member

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    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?
     
  2. Jeff
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    Jeff Canada Administrator Staff Member

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    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.
     
  3. RetiredMember

    RetiredMember India Guest

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    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.
     
  4. Ace

    Ace United States Well-Known Member

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    Very Comprehensive article.
     
  5. djidji

    djidji New Member

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    Why is this forbidden?
     
  6. Jeff
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    Jeff Canada Administrator Staff Member

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    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.
     
  7. Jeff
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    Jeff Canada Administrator Staff Member

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

    RetiredMember India Guest

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    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)
     
  9. djidji

    djidji New Member

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

    RetiredMember India Guest

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    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 ?
     
  11. LLL.in King

    LLL.in King United States Well-Known Member

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    I cannot believe alot of what i just read on this thread. India's govt better get serious(and practical) regarding .in. It costs $13 a pop and there are all these conditions? Many of these conditions are nothing but ridiculous.
     
  12. RetiredMember

    RetiredMember India Guest

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    Believe Or Not Believe, It is upto you, we again want to clarify that whatever written in our post in this thread are result of feedback from :

    1. Persons and our clients who had gone through INDRP process.
    2. Our Discussion with Leading .IN Arbitrators.
    3. Our Discussion with leading Attorneys who filed cases under INDRP.
    4. Our discussion with .IN Registry.

    As a .In registrar we used to interact with people and that is why we wrote here for your benefits ... if post hurts somebody then we can request the deletion of post.... As a Accredited .IN Registrar we took the risk of posting such a post for your benefit otherwise just think which .IN REGISTRAR updates you on this things ? Just think..... and give us name of registrar ?

    for us well informed customer and his benefit is more important than our business....
     
  13. djidji

    djidji New Member

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    I don't understand why .in registry have some problems with domain reselling business. :confused:


    I read some weird things in this topic, imo.
     
  14. Ceres

    Ceres New Member

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    Mitsu, thanks for the comprehensive post!

    From what I've learned about Indian domains to date, there's nothing on the list that really surprises me. Most people already know you can't just register a domain that infringes on a trademark. As adult websites are restricted in India, it's also not surprising that Indian adult domains are risky to own.

    With regard to parking, it's my understanding that parking a website is always going to be a borderline issue and can be risky (not just with Indian domains, but with other domain extensions as well).

    One obstacle for Indian domain investors is that they can't easily search the Indian trademarks register. They have to hire a trademark agent each time they want carry out a search. Do you happen to know if there are any plans to make the register freely available to the public (eg. like the US trademarks register)?
     
  15. RetiredMember

    RetiredMember India Guest

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    We donot think that Indian trademark will be available free of charge searches as this is paid service till now and if Trademark Registry want to make it free then they require orders from Govt. of India. and you know how difficult to change the rules once created.
     
  16. RealDomainer

    RealDomainer Member

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    Thanks Chaudi, for initiating the thread.

    Going through what might seemingly look like a complicated thread, what I understand is that the least one needs to fundamentally ensure does not happen (among others) while registering a .in / .co.in domain are the following 2 things :

    1) Registering Adult Names
    2) Registering Names that could violate TradeMarks

    There are few risks that are involved and mistakes that do happen, especially in the beginning stages and beyond when one newly gets involved into registering domain names. This can only be minimized, over time and to expect that it would never happen would too impractical. Therefore, there is a likelihood of the aforesaid 2 points happening.

    As mentioned by Mitsu, if someone believes that their domain is highly valuable, then he / she is free to register the name for a TradeMark (and nobody would stop them, actually!).

    But if on one hand one doesn't register for a trademark and on the other, he/she is worried about the name being acquired, that it reaching a point of being unreasonable (like having the cake and eating it too).

    I recently heard from some reliable sources (to be validated though) that there are some Trademark registration companies who offer bulk Trademark search services for as nominal as Rs.500/- (approx. US $ 2.00 for each name) for checking 5 names.

    I don't intend to suggest that it is wrong to expect providing name search as a free service to domainers. But everyone here would be able to reasonably understand what would happen at the TradeMark registry's office if even a small fraction of .in and .co.in domain names registered daily, around the world, are forwarded for a name search!!

    It is okay to be concerned about the whole issue. But to actually worry about it every now and then or endlessly often, is unnecessary and can be avoided. It is better to be safe than sorry. And it pays to be safe.

    Lastly, at some particular point, we have respect the laws that exist. After all, it's the law of the land. The existing laws may not be fully evolved. But it is not perfect everywhere either.

    And that's probably, IMHO, a small price to be paid as the pioneers in the .in domain industry.
     
  17. Ceres

    Ceres New Member

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    That's very true. Doing your research will help a lot, but even then domainers will still make mistakes along the way. After all, we're only human!

    I'm talking about something slightly different: ie ideally, I'd like access to the Indian online trademarks register so that I can carry out my own basic trademark searches (just like I'm able to access and search the US, Canadian and UK trademark registers etc). However, I understand from Mitsu's post above, that this is unlikely to happen... just wishful thinking on my part I suppose...

    I agree that searches carried out by trademark agents should obviously not be free (and if I need expert advice, I would definitely seek the services of such trademark agent).
     
    Last edited by a moderator: Sep 9, 2009
  18. Indweb

    Indweb New Member

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    Mitsu - My Favorite .In Registrar, And Mitsu's Owner Sanjeev Goyal so friendly that even when I was not his client he helped me to clear some problem with .IN Registry. He is well connected person in .IN Registry as he was technical committee chairman in .IN registry. And it seems every INDRP rules is know to him so deeply. I just saw a article on Sanjeev Goyal in Times of India (published in 2004 - Leading Newspaper of India) and I understood why he is so deeply know INDRP. Click to see the article.

    I transferred all my .in domains to them now am assured if any legal problem will come my registrar is here to protect me.
     
    Last edited by a moderator: Sep 9, 2009
  19. msdomains

    msdomains New Member

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    @peoplenetglobal,

    You mentioned -
    Can you please find out about such a service and update this thread? I am sure it will be very useful to all of us.
     
  20. RetiredMember

    RetiredMember India Guest

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    Dear Indweb,

    Thanks newspaper article you mentioned was came just before .IN launch and .In registry was in initial stage. i.e. in Dec.2004.