Indian domain lawyers ??

Look, I have realised in 2009 it is time to get serious in regard
to fighting UDRP complaints (for .com domains mainly) and
thus I am looking at best jurisdiction. I was thinking that maybe
India would be good because it would mean that maybe
I could grab Indian jurisdiction if I regged domain with
someone like Directi then ,and this is why the post, use a
cheap Indian lawyer to issue a complaint and interrupt the
UDRP process.

Anyone know any cheap and cheerful lawyers in India or
indeed what do you think about this idea ?.

I hate being like a sitting target and intend fighting UDRP's
in Court.

DG
 

Jeff

Administrator
Staff member
Country flag
According to UDRP rule 3(b)(xiii), the Complainant must:

State that Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutual Jurisdiction;

In UDRP rule 1, "Mutual Jurisdiction" is defined as:

Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.

So your plan would really only work if you (or your company that owns the domains) were located in India.

Even then, I wonder if your plan makes sense. The purpose of the UDRP is to provide a quick and easy alternative to court litigation. It seems to me that it really only makes sense to go to court if you lose a UDRP - there don't seem to be many advantages to interrupting the UDRP to go to court.

If you are looking for an Indian lawyer, you may want to contact Pravin Anand:
Pravin Anand : Indian Domain Name Blog
 
Jeff

Thanks for your response. The key to it is the "OR" mentioned in
your quote. They can either choose my address in UK ,or where ever
the Registrar is based. For example, I am dealing with a UDRP
at moment for which they have chosen Germany as jurisdiction
rather than my home in UK. I do not at all trust process of
UDRP, especially WIPO, as there are too many vested interests.
They know full well if decisions were based on trademark
laws then they would never give a domain to a complainant.
That is why I prefer to rely on choosing a good jurisdiction and
invoking right to litigate.

Thanks for link also.

DG
 

Jeff

Administrator
Staff member
Country flag
I'm guessing most complainants would choose the UK over India as a jurisdiction. The way I read the UDRP it's the complainant's choice.

Yes, the panelists on the UDRP have really extended its scope. It was really meant as a summary procedure to deal with blatant cases. In my opinion, if it's not a blatant case of trademark infringement, the complaint should be dismissed. The courts are there for the other cases.
 
I'm guessing most complainants would choose the UK over India as a jurisdiction. The way I read the UDRP it's the complainant's choice.

Yes, the panelists on the UDRP have really extended its scope. It was really meant as a summary procedure to deal with blatant cases. In my opinion, if it's not a blatant case of trademark infringement, the complaint should be dismissed. The courts are there for the other cases.

Jeff


To be honest the UK Jurisdiction is not good at all for domains,
they do not seem to be interested. I am though looking at
the USA / East Virginia which may be better than India. I liked
the Appeals Court ruling in barcelona.com . I used a name
for 3 years. I have applied for a TM in UK but still the
WIPO panelist transferred to someone in UAE who does
not have any trademark. Why so ?. Because WIPO
is corrupt and pro IP rights and they see complainants
as source of revenue not respondents.
DG
 

RaghavK

New Member
I don't completely agree with your views on WIPO, but maybe there is more to it than I am aware of..as for your jurisdiction, US would provide you with the best platform as they currently are responsible for almost half the number of cases..so you can be assured of a quick resolution atleast..
 

Zordani

New Member
Hard to find good lawyers, no matter what domain you've got or where your company is. You'll have to have the big bucks for it. Good luck.
 

RaghavK

New Member
Also, I dont know how many people are actually aware of this, but we are currently in the stone age when it comes to cyber laws..we need to add a hell lot more..and this is one of the reasons there are not many acclaimed lawyers when it comes to cyber crime..
 

indian

New Member
I had received two notices from the lawyers mentioned above for my .In domains and I referred my case to my registrar Mitsu and they handled my case so efficiently that till date no INDRP complaint came against me. And they refused to even charge us as I am their old customer. Even for INDRP cases they charge less then USD 1000, they also suggested us for Indian Trademark registration and we did with their help in less then US$120. Thanks to Mitsu, they suggested us how to protect our .In domains ? I suggest you to ask them and then decide ?
 
Thanks for the replies. In fact let me say why I think India
is good Jurisdiction for my needs. If someone serves you with
a UDRP complaint THEN as soon as you issue any legal proceedings like injunction the UDRP ceases to proceed thus forcing settlement.
I can guess that Indian Courts would take YEARS to hear a case, am I right ?.

DG
 

RaghavK

New Member
Thanks for the replies. In fact let me say why I think India
is good Jurisdiction for my needs. If someone serves you with
a UDRP complaint THEN as soon as you issue any legal proceedings like injunction the UDRP ceases to proceed thus forcing settlement.
I can guess that Indian Courts would take YEARS to hear a case, am I right ?.

DG

Yes the usual ones do take a lot of time
 

Jeff

Administrator
Staff member
Country flag
I can guess that Indian Courts would take YEARS to hear a case, am I right ?.

I recall a member here was involved in (non domain related) legal proceedings in India, and I was astonished how long the case had been going on... and I'm very used to how slowly legal proceedings move in Canada/US/UK.
 

Jeff

Administrator
Staff member
Country flag
domaingenius - you should also be aware that some American courts have in rem jurisdiction against domains.

The courts basically say that .com, .net, etc domains are property located in Virginia, and of course a Virginia court has jurisdiction over property located in Virginia.

a powerful mechanism under the Anticybersquatting Consumer Protection Act (”ACPA”) by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court’s personal jurisdiction over the registrant.

NBC Universal’s lawsuit was an in rem action, a type of action provided for under 15 U.S.C. §1125(d)(2) which allows, under certain circumstances, a plaintiff to proceed directly against a domain name to enforce ownership rights in it. The court had allowed NBC Universal to proceed in this manner because it would not have been possible for the court to obtain personal jurisdiction over the registrant.


When the defendant is a domain name: the power of in rem proceedings under the ACPA : Internet law - Evan Brown - Internet Cases
 
Jeff


Thanks for that. In fact I had thought of Virginia as I knew of
the Barcelona.com case BUT ,and its the decider, is that I
could not yet find a lawyer who would take a case on a no win
no fee, or even a percentage of the domain sales revenue (as I
have just done in Germany). I am really shopping for a jurisdiction
that I can get such a lawyer. If I could find one in Virginia it
would be great and would move all domains into that juridiction
for "protection" from UDRP's. The one case I do want US Lawyer
for closely resembles barcelona.com and if you know anyone
would fund, for a share, then please let me know .I think if
I could issue claim in US then they would cough up immediately.

Thanks
DG


domaingenius - you should also be aware that some American courts have in rem jurisdiction against domains.

The courts basically say that .com, .net, etc domains are property located in Virginia, and of course a Virginia court has jurisdiction over property located in Virginia.






When the defendant is a domain name: the power of in rem proceedings under the ACPA : Internet law - Evan Brown - Internet Cases
 
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