Do You Have INDRP Questions?

Jeff

Administrator
Staff member
Country flag
We will be doing an interview of Gurpreet Singh about the INDRP soon.

If there is anything you want to know about the INDRP, or if you have questions about recent INDRP decisions, please let me know, either by posting in this thread, or via PM.
 

Gaurish

New Member
* How to i protect my names from being taken away under INDRP
* Is there any plenty that registrant has pay if he registers TM domain
 

Ceres

New Member
(1) I'm confused about the bad faith test. Can Gurpreet Singh please explain in layman terms what the actual test is. For example, in the Bare.in decision, it did not talk about the complainant showing bad faith, instead it talked about the respondent not showing good faith. Aren't they two different tests?

(2) If a respondent parks his/her website or has an undeveloped website, will it hurt their chances in an INDRP case?

(3) How easy is it for a company to register generic terms in India? For example, Pantaloon registered the trademark "all." Also, I mentioned in a previous post that a few companies held trademarks for the term "honey."

Thank you. ;)
 

Ace

Well-Known Member
Thanx Jeff, for arranging the interview.

Couple of questions:
(i) If a respondent registers a dropped domain, and there is *no* trademark on the domain, but an existing company for the domain name with the complainant, how strong does the case does the complainant have?

(ii) Can a developed domain be taken because of a TM issue although the developed site is totally unrelated to the TM.


--Ace
 

skyshipper

Active Member
Country flag
my question;

parking is considered a liability in an INDRP case.

now some parking companies offer website like features with revenue earning opportunities.(a.k.a. noom**.com for instance)

for such a free webhosting (if i may call it that) ,with enough content .will a site @ such a company constitue parking or is that at par with a paid webhosting company!

So should i go in for using n*** or h**gator to put it in words!!
 
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Ace

Well-Known Member
my question;

parking is considered a liability in an INDRP case.

now some parking companies offer website like features with revenue earning opportunities.(a.k.a. noom**.com for instance)

for such a free webhosting (if i may call it that) ,with enough content .will a site @ such a company constitue parking or is that at par with a paid webhosting company!

So should i go in for using n*** or h**gator to put it in words!!
Good question.
 

MRJ70

New Member
I'm wondering how date of registration of Trademark and date of aquisition of a domain influence the dispute. Let's make an example:

1. A domain is registered since 01 Jan 07, TM of a company that claims ownership in the domain is registered 01 Jan 08, I bought the domain at 01 Jan 09.

or

2. TM of a company that claims ownership in the domain is registered 01 Jan 2000 and I bought the domain 01 Jan 2008

or

3. I bought the domain 01 Jan 07 and TM of a company that claims ownership in the domain is regsitered 01 Jan 08.

Does the date of registering of a TM of a company that claims ownership in the domain and the time of registering (or buying) a domain influence the case?

Thank you very much!!
 

wot

Well-Known Member
Country flag
Was/is there a consortium of major players in India formed solely for the purpose of picking off premium domains by using dodgy (but acceptable) tm's for potential monetary gain?

Blunt and to the point but I am sure Mr Gurpreet Singh will be aware if something like this has occurred is occurring.
 

Jeff

Administrator
Staff member
Country flag
I'm sure that it happened; but it happens in all domain land rushes.

I'm not sure I can ask this though!
 

Ace

Well-Known Member
I'm sure that it happened; but it happens in all domain land rushes.

I'm not sure I can ask this though!
Maybe wot was referring to the fact that Pantaloons was grabbing domains in the pretext on TMs.

I checked on DomainTools that Pantaloons owns about 122 domains. A little on the high side for a company whose business model doesn't revolve around being online.
 
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mdmgeneral

New Member
If it's not too late:

1. The complainant agrees in advance to the arbitrator's decision, but the respondent does not, so if the respondent ends up disagreeing with the final decision or there were violations of the rules of procedure by the any of the other parties (complainant, arbitrator, or registry)- what is the appeal process?

2. What action does nixi take if the rules of procedure are clearly violated by any of the parties?

3. Where in the rules of procedure or the arbitration act does it state the guidelines for assessing fees or costs to the respondent? How are these costs measured?

4. If an arbitrator accuses a respondent of being a cyber squatter, does this affect any of the respondent's Indian domain names other than the name involved in the dispute?
 

Jeff

Administrator
Staff member
Country flag
If it's not too late:

1. The complainant agrees in advance to the arbitrator's decision, but the respondent does not, so if the respondent ends up disagreeing with the final decision or there were violations of the rules of procedure by the any of the other parties (complainant, arbitrator, or registry)- what is the appeal process?

2. What action does nixi take if the rules of procedure are clearly violated by any of the parties?

3. Where in the rules of procedure or the arbitration act does it state the guidelines for assessing fees or costs to the respondent? How are these costs measured?

4. If an arbitrator accuses a respondent of being a cyber squatter, does this affect any of the respondent's Indian domain names other than the name involved in the dispute?
I've already submitted the questions to the lawyer. I'm not a lawyer, but I'll take a stab at answering your questions:

1. There is an appeal process under the Arbitration Act and indeed it is common to appeal INDRP cases to the Delhi High Court. This is something your really need legal representation for - it's far too complicated to do it yourself. You should also note that there may be tight deadlines for this, so if you are considering this you'd need to move quickly.

2. NIXI doesn't do anything. That's a matter for the Delhi High Court to decide, not NIXI.

3. There is a provision in the INDRP allowing arbitrators to award costs. The amount of costs to award is in the arbitrator's discretion. If you do appeal your case, that would normally stay (put on hold) the costs award. Also, I'd note that if you don't live in India it would be virtually impossible to collect costs from you.

4. Strictly speaking no, but in reality I think yes, as if there is a future case in which you are involved, you can be sure the other party will bring this up.

Again, I'm not a lawyer and this is not legal advice!
 

mdmgeneral

New Member
Jeff,

I really appreciate you taking the time to answer these questions. I know you're not a lawyer, but you provided me with enough info to understand the answers to my questions. I also know that it would be impossible for them to collect costs from me without coming to the united states and suing me in small claims court, which would cost much more than the costs awarded in travel expenses alone- and my attorney here says they could not win such a case if they brought it forward based on several factors.

What I'm concerned about is my other Indian domain names. If I don't pay the awarded costs, will they be suspended, canceled, etc? Some of these names are registered by me for clients whose websites I created and manage. If I were to transfer them into the client's name, would they still be affected? Would transferring them when I owe costs cause the registry to suspend or cancel them? If you or anyone on this forum happens to know the answers to any of these questions, I think it would be helpful. I don't see how this could happen, as there is no ID required to register a domain and they could not connect all my domains with great enough certainty to know they aren't affecting another party that I am not involved with. It still concerns me, however, as the registration agreement basically gives them the right to cancel names without refund for no reason. Also, they don't really play by the rules as strictly as they should.

The name and the costs are not even worth hiring legal representation to fight for, but based on principle and because I can afford it, I'm looking into taking action. If I do, it will be done quickly. I am consulting with my attorney here for advice first.

Thanks again for helping me clear up these questions!
 
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