domain law questions

redstar

New Member
say i have registered the following domains: abcdrinks.in and abcdrinks.co.in and park them

if a company in india incorperates their business named "abc drinks" in the future, can they claim the domains even though they were registered before they incorperated their business?

in short, can someone register an indian company name in order to claim already registered domain names
 

Jeff

Administrator
Staff member
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I'm not entirely sure, and if you need a definitive answers I'd check with a lawyer. But I don't think that this is a problem for the domain holder.

If you look at the wording of the INDRP it looks like there has to be evidence of bad faith when you registered the domain.

As abc drinks did not exist, I don't see how there could be any bad faith when the domain was registered.
 

Justin

New Member
say i have registered the following domains: abcdrinks.in and abcdrinks.co.in and park them

if a company in india incorperates their business named "abc drinks" in the future, can they claim the domains even though they were registered before they incorperated their business?

in short, can someone register an indian company name in order to claim already registered domain names
NO. So long as it is not causing confusion. If your site looked like theirs and sold similar items, then it would cause confusion. Why would you want those domain names anyway if they weren't registered in bad faith? If someone had mentioned that they were going to open a company next year called ABC Drinks and then you registered the domain name, that could be considered bad faith.
 
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