Hottie.com UDRP: complainant is guilty of RDNH; Hottie.in INDRP: domain ordered to be transferred.

kriss05

Well-Known Member
Country flag
Hottie.com UDRP: complainant is guilty of RDNH - link

Hottie.in INDRP: domain ordered to be transferred to the same complainant - link

Some rulings from Hottie.in INDRP case made by arbitrator Ranjan Narula:

"The respondent contended that the Complainant has registered trademark in Australia and New Zealand which is unrelated to doing business in India. However, according to several INDRP and WIPO decisions, if the Complainant owns a trademark, then it generally satisfies the threshold requirement of having trademark rights. The location of the trademark, its date of registration (or first use) , and the goods and/or services for which it is registered, are all irrelevant for the purpose of finding rights in a trademark under the first element."

So, according to the above arbitartor, time, location, goods/services trademarked are all irrelevant for the sake of INDRP process. So, the owner of any sh*tty TM registered anywhere in the world can file INDRP dispute to steal the valuable domain? What a BS. Further, he should at least have read Hottie.com UDRP case where the complainant was found guilty of RDNH due to, among others, the fact that hottie.com was registered before the complainant registered its Hottie mark.

"The difficulty in this case lies in the fact that the domain name www.hottie.in, although descriptive or generic in relation to certain services or goods, maybe a valid trademark for others. The difficulty is expounded by the fact that, while hottie may be considered a common world in English speaking countries, this may not be the case in non English speaking countries."

The arbitrator accepts that "hottie" is generic English word. Australia, New Zealand, USA, India, i.e. countries mentioned in the Hottie.in INDRP, are all English speaking counties. Why the heck he mentions non English speaking countries and thinks that non English countries are by any means related to this INDRP?

"...the domain name www.hottie.in is merely parked by the Respondent to generate advertising revenue by "click-through" or "pay per click" business model.

This business model though legitimate may be done with a legitimate domain name. If, on other hand, another's trademark is used without authorization for the purpose of attracting visitors, then some visitors may be confused into thinking, at least initially, that the website they have reached is in some way endorsed by the Complainant, when it is not. I find that in this case that the Respondent has attracted viewers for commercial gain by confusion, constituting registration and use in bad faith."


What a BS. According to Ranjan Narula, only domains for which there are no registered trademarks anywhere in the world can be monetized via PPC? He should have read tons of UDRP decisions where it was ruled that owning TM merely doesn't give the Complainant rights to the disputed domain name and that PPC monetization is a bona-fide use in case of "trademarked" domains, if domains are generic in nature and PPC ads don't relate to the Complainant and/or its business. In his turn, the arbitrator had no finding that PPC ads served on Hottie.in were related to the Complainant and/or its business. Even the Complainant contends that PPC ads served on Hottie.in are not related to its business. They were adult-related, and "hottie" may have adult sense pretty much. I'm personally against any adult content on the web, but trying to take the domain away from rightful owner on the base of false allegations is much worse.

Many people wonder all the time why there is no much interest to .in domains from foreign medium/high level domain investors. The reason is INDRP arbitration is a joke as it was again proven in the Hottie.in case by the arbitrator Ranjan Narula.

In this regard, I was always wondering why INDRP arbitrators were/are being invited to the domain conferences all the time. They no doubt enjoy such "vacations", being honored and invited to sit among domain gurus etc., but most of them in fact are domainers non-friendly. What is the point to spend money on them? Imho almost all of them should have been ignored, and only those who were proven to rule honestly and competently in INDRP cases can be allowed to be among invited guests, speakers etc.
 
Last edited:

kriss05

Well-Known Member
Country flag
Oh yes. From the tvs.co.in INDRP case:

"The Complainant has firmly refuted that TVS is a non-distinctive acronym widely used for Televisions. The documents submitted by the complainant, as Exhibit-B, clearly show that the websites in India have used TVs (with S as a small letter) as an acronym for Television. On the other hand, TVS is a well-known trade mark in India derived from the founder's name T V Sundaram Iyengar and Sons. Therefore, it is reiterated that the Respondent's lame defense that TVS is a commonly used acronym is wrong and without any valid ground."

What was that above? Do you read it as I do? Maybe there is alternative meaning of the above I'm not aware of?
 

kriss05

Well-Known Member
Country flag
The pearl from the TVS.co.in INDRP arbitrator Amarjit Singh:

"The Panel agree with the contention of the Respondent that the Complainant has not been able to establish its right in the trade/service mark TVS in Canada. However, the goodwill and common law rights have no such territorial boundaries. In todays world, the goodwill travel beyond geographical boundaries of countries. The Panel further agree with the Respondent that the term TVs can be used for television provided the same is used in a generic bonafide manner."

The above causes me physical pain. My brain hurts.

Arbitrator agrees that it is generic term and that the Complainant has no TM rights in Canada, the country of residence of respondent.

The 2010 court case (HIGH COURT OF DELHI AT NEW DELHI): Century 21 Real Estate L.L.C. vs. Century 21 Main Realty Pvt. Ltd. & Ors.:

"The plaintiff has not placed on record any document to show that its reputation has travelled to India in any manner. Merely because a company is having presence in many countries in the business of reality does not mean that the company’s reputation has travelled to every single country on earth. Reputation and goodwill of a company are intangible assets and these intangible assets are to be shown to exist. Intangible assets in India are to be proved by way of evidence. There can be no presumption in favour of a corporation of intangible assets in India merely because the company has a reputation and goodwill somewhere else."

Yet 6 years later arbitrator Amarjit Singh ruled absolutely opposite.

So this arbitrator is not only not familiar with basics of domain dispute proceedings, but his rulings contradict with the very rulings of the Indian High Court. Perfect example of an arbitrator who should have never been allowed to be invited guest/speaker on any domain conference.
 
Last edited:

Jeff

Administrator
Staff member
Country flag
Thanks @kriss05!

Is there a way to search Indian case law available online, or how are you finding these cases?
 

kriss05

Well-Known Member
Country flag
As far as I remember it is possible on Delhi/Hyderabad high court websites, but it was a pain a bit last year. Also few websites offer similar subscription-based services.
 

wot

Well-Known Member
Country flag
Maybe cynical but!

Plain and simple there is corruption in low places, happened too often with .in domains for it not to be happening.
 

kriss05

Well-Known Member
Country flag
I wonder why Nixi don't care about it. Don't they realize how they and INDRP arbitration, not to mention "honorable" INDRP arbitrators, look in views of everyone but them.

If they are unable to find few honest and competent arbitrators in India, they could outsource dispute proceedings to UDRP arbitrators. Being non-profit org, they have enough cash to cover UDRP fees.
 

domainpundit

Active Member
Country flag
I wonder why Nixi don't care about it. Don't they realize how they and INDRP arbitration, not to mention "honorable" INDRP arbitrators, look in views of everyone but them.

If they are unable to find few honest and competent arbitrators in India, they could outsource dispute proceedings to UDRP arbitrators. Being non-profit org, they have enough cash to cover UDRP fees.
I can't understand either.. INDRP is nothing but official route to steal the domain names..hope registry at least come to pragmatic approach.. I lost my respect for Mr Ranjan for sure after reading this thread.
 
Similar threads
Thread starter Title Forum Replies Date
T Fakes.info, Centdollar.com, Gonequick.com, Checkconfirm.com are fore sale Non-India Related Domains 0
Digital Pandit 24th July Market Report: $392k in Sales – DealMaker.com sold for $168,000 Non-Indian Domains 0
Digital Pandit 23rd July Market Report: $265k in Sales – LEEO.com sold for $11,253 Non-Indian Domains 0
Digital Pandit Andrew Rosener confirms MediaOptions sold Wise.com for $2 Million in 2020 Resources 0
Digital Pandit DomainSherpa Review: TheCooldown.com, StudentWellness.com, Academic.com Resources 0
Digital Pandit 22nd July Market Report: $444k in Sales – 111kfc.com sold for $35,500 Non-Indian Domains 0
Digital Pandit 20th July Market Report: $287k in Sales – CarbonRemoval.com sold for $25,816 Non-Indian Domains 0
Digital Pandit 18th July Market Report: $250k in Sales – CookieJar.com sold for $18,938 Non-Indian Domains 0
Digital Pandit The best of the best Chinese companies use short, English-based .com domains Non-Indian Domains 0
Digital Pandit 17th July Market Report: $207k in Sales – Bandito.com sold for $10,502 Non-Indian Domains 0
Digital Pandit 15th July Market Report: $207k in Sales – PerfectBody.com sold for $35,500 Non-Indian Domains 0
Digital Pandit 14th July Market Report: $241k in Sales – EntertainmentNews.com sold for $30,000 Non-Indian Domains 0
Digital Pandit VIP brokerage & domainassets.com close 7-figure sale of EE.com Non-Indian Domains 0
Digital Pandit 13th July Market Report: $278k in Sales – LTP.com sold for $42,550 Non-Indian Domains 0
Digital Pandit DN Journal: Quarterly reports from Guta.com and GGRG.com Resources 0
Digital Pandit Lawsuit alleges 509.com, sold for $106k in March, was stolen Legal Issues and Dispute 0
Digital Pandit DNW Podcast: Ryan Maltbie on selling grills at BBQGrills.com Resources 0
Digital Pandit DomainSherpa Review: Orb.io, Kickstart.com, Cobrand.com, JT.vc Resources 0
Digital Pandit 12th July Market Report: $278k in Sales – MedJobs.com sold for $20,144 Non-Indian Domains 0
Digital Pandit 11th July Market Report: $241k in Sales – Werk.com sold for $45,500 Non-Indian Domains 0
Digital Pandit 10th July Market Report: $239k in Sales – NewsNet.com sold for $21,284 Non-Indian Domains 0
silentg ✅ AUCTION: ARBlog.com - Augmented Reality Domain External Auctions 0
Digital Pandit 9th July Market Report: $275k in Sales – Alga.com sold for $17,500 Non-Indian Domains 0
Digital Pandit 8th July Market Report: $231k in Sales – ApartmentLocators.com sold for $7,025 Non-Indian Domains 0
Digital Pandit 7th July Market Report: $242k in Sales – UponU.com sold for $7,672 Non-Indian Domains 0
Digital Pandit 6th July Market Report: $363k in Sales – iLoveDogs.com sold for $36,717 Non-Indian Domains 0
Digital Pandit 5th July Market Report: $366k in Sales – Leadz.com sold for $22,777 Non-Indian Domains 0
Digital Pandit KickStart Commerce Podcast: Stephen Campbell on his journey from domain Investing to TinyAcquisitions.com development Resources 0
Digital Pandit 4th July Market Report: $191k in Sales – GetPrismatic.com sold for $8,700 Non-Indian Domains 0
Digital Pandit 2nd July Market Report: $319k in Sales – Brockmeyer.com sold for $32,586 Non-Indian Domains 0
Digital Pandit 29th June Market Report: $227k in Sales – DNSDun.com sold for $22,472 Non-Indian Domains 0
Digital Pandit 30th June Market Report: $320k in Sales – Turret.com sold for $38,000 Non-Indian Domains 0
Digital Pandit 27th June Market Report: $231k in Sales – uNews.com sold for $20,279 Non-Indian Domains 0
Digital Pandit 28th June Market Report: $280k in Sales – KJS.com sold for $36,668 Non-Indian Domains 0
Digital Pandit Universal Studios buys Universal.com Non-Indian Domains 0
Digital Pandit 23rd June Market Report: $269k in Sales – Reclaimed.com sold for $25,000 Non-Indian Domains 0
Digital Pandit 24th June Market Report: $381k in Sales – Scleroderma.com sold for $50,623 Non-Indian Domains 0
Digital Pandit 26th June Market Report: $282k in Sales – FictionWise.com sold for $8,752 Non-Indian Domains 0
Digital Pandit Eric Borgos buys Yachts.com for $350,000 and plans to develop it Non-Indian Domains 1
Digital Pandit Schwartz makes deal to sell ass.com for under $6 Million + royalties agreement Non-Indian Domains 0
Digital Pandit DNW Podcast: Growing Voices.com with a killer domain Resources 0
Digital Pandit 19th June Market Report: $345k in Sales – 0907.com sold for $9,105 Non-Indian Domains 0
Digital Pandit 20th June Market Report: $241k in Sales – Humn.com sold for $8,800 Non-Indian Domains 0
Digital Pandit 18th June Market Report: $345k in Sales – Halcyonic.com sold for $40,000 Non-Indian Domains 0
Digital Pandit .cn Vs com.cn Non-Indian Domains 0
Digital Pandit DomainSherpa Review : NativeGreens.com, CleanShoes.com, FamilyHeritage.com, Natalie.com Resources 0
Digital Pandit 17th June Market Report: $261k in Sales – TheMarketMogul.com sold for $7,500 Non-Indian Domains 0
Digital Pandit 16th June Market Report: $331k in Sales – Vitae.com sold for $42,550 Non-Indian Domains 0
Digital Pandit Future.com is now owned by Andreessen Horowitz Non-Indian Domains 0
L [Ending soon in few hours] Current bid is $2 only | SecurityManuals.com | 21+ years aged domain External Auctions 0

Similar threads

whois



Forums dedicated to Indian domain names, including buying, selling, appraising, developing, and monetizing.

About Us

Threads
27,896
Messages
74,989
Members
7,703
Latest member
robin1212
Top Bottom