Hi, Is UDRP and INDRP both different ? Do Indian Court have upper hand over ICANN ? for .IN TLD..In Registry formation process was started in 2004 and Myself (Sanjeev Goyal) and Bhavin(Directi) was part of that team , I still remember that I sent a detail policy documents to Ministry and due to some vested interest that document was not fully adopted. I recommended in that also that domain name parking and End user Sale and Purchase of domain names are essence of any registry, and without that you cannot achieve large no. of registrations. (I still have copy of that document).
I am always in favor of accepting Domaining as business but at the same time I want to make it clear that I am completely against the ip right violation, if you have generics or developed domain names sale purchase should not be illegal as it was not violating anyone right. If selling developed domain name with website is legal then how can a domain name sale be illegal ? because when you sale developed (running) website to someone then domain name is always center of that sale and if selling of domain name is illegal then in such takeovers deal should be less of domain names ?
I want to make reference of one Delhi High Court case where I was one of the party. the case was between me (Noukri.com) and Info Edge (Naukri.com) ( Please note that Naukri or Noukri is generic term and even TM issued on such terms are with clear disclaimer by India and USA TM registry.) , in the particular case when Info Edge felt that they will loose the case against me so they went for out of court settlement with me (I am not going in details of the case), And in that settlement it was clearly filed before the Delhi High Court that I surrender the domain name right to them against huge consideration ? Now tell me how can you say that selling the domain name or surrendering domain name rights against consideration is illegal ? When High Court itself accept the settlement plea. And My Attorney was one who drafted the INDRP policy for .In registry and Indian Cyber Law for Govt. of India and he was also Director - Legal in .In registry for years. And Info Edge hired one of the very famous Current Central Minister as his attorney. Now just think if that transaction was illegal then these attorney's are ignorant of law ?
I have rarely read that court is involved in UDRP case and Its mostly settle by the UDRP Panel