Internet.in High Court Decision

the_poet

Well-Known Member
Country flag
That decision certainly doesn't shed any positive light on the extension...

Let's wait for Mitsu, maybe they could provide some insight on the matter.
 

Kokoro

Member
Notice that Internet trademark was registerd in class 34 - "Tobacco, smokers' articles, matches". Nothing to do with Internet network. Looks like trademark used for reverse hijacking.
 
Not Surprising decision, High Court strictly gone as per the INDRP rule.We were provided the copy of this decision two days before by my advocate and we didnot find any thing new in this decision ? Advocates who represented the case are our good friend and client and they regularly seek our directions in such domain related cases.

On this forum we regularly discuss whatever provided or written in internet.in decision. There is no point to panic, this decision is not provided anything new, see if you park the domain (Violating TM holder right) or keep it for sale and trademark holder claims the domain name then certainly you will be in trouble.

Alone having trademark will not give complainant the right to domain name but registrant mistake (Keeping for sale or keeping on parking and showing violation of TM term) always give way to TM holder to get the domain name. For INDRP or UDRP or any court ruling three points should be proved and all three required :

1. Trademark
2. Bad Faith
3. Usage of domain name

and if Trademark holder files complaint he/she have only one point in his/her hand i.e Trademark but other two point is always in the hand of registrant, the registrant is the person who gives opportunity to TM holder to file the case if registrant violates the other two points.

So to safeguard your domain names always have minisite and lot of other things to do ? even in UDRP if you violates the basics then your domain name are in danger ?

If you still have questions call us we will clarify the issues in your mind or ask us we will surely guide you, nobody can take your domains unless we do mistakes so avoid mistakes to safeguard your domain name?
 

domainpundit

Active Member
Country flag
Very informative and quite useful one. In other words, dot in registry encourages the end users not the domainers.. so the domainers with the good names should act/pretend as end users to develop the dot in industry further
 

wot

Well-Known Member
Country flag
Were there not quite a few tm's registered in India purely to get the top domains after the .in launch?
 

Kokoro

Member
So, what's the conclusion now? Taking all of the generic .in-Domains out of parking?

I would say, checking all valuable names in the Indian Trademark database:
Trade Marks : Public Search
and find which of your domains are vulnerable to similar claims (that is registered/bought after a TM had been registered).

and then remove from Sedo, etc or better put a minisite on them.

The problem is that going through all classes is time consuming. If someone have hundreds or even thousands .in's he/she is basically stuck.

What is needed is something going through all classes within one search. Perhaps someone could write a php curl script to help with it? Or perhaps something like that already available?
 
Last edited by a moderator:
Yesterday we have detail talk about this decision with .IN registry officials and in their opinion this decision is rubbish and shows lack of internet or domain name knowledge.

So conclusion .IN registry donot think the way High Court thinks......
 
Sir,

The need of the hour is to have meaningful public debate between .IN Registry & the domainers community and findout a wayout... Otherwise all our investment can go waste due to provisions in INDRP or fraudulent intention of a person like in this case...

I think the domainers conference you had planned could be more easily organised in Delhi instead of Goa as NIXI is also located here...
 

Ace

Well-Known Member
Is it possible to lose the domain in INDRP if we have a domain that is:

(i) Not parked,
(ii) Not for sale,
(iii) Is developed,
(iv) No ads

But someone has TM for that name which is very different from the contents of the developed site. Also the TM is not a famous name.
 

domainpundit

Active Member
Country flag
I feel more awareness is required to arbitrators before proceeding with the case, cause I have feeling that some times arbitrators are not having enough awareness of the reverse hijacking by fraudulent guys.

If the things are not improved with registry , certainly the number of registrations will come down and as well as drops, it may also trigger a negative trend.
 

Aarhint

New Member
Is it possible to lose the domain in INDRP if we have a domain that is:

(i) Not parked,
(ii) Not for sale,
(iii) Is developed,
(iv) No ads

But someone has TM for that name which is very different from the contents of the developed site. Also the TM is not a famous name.

A case against your domain depends on the power of the complaniant. If this person is strong in the market (a famous company), then he will have all the knowledge and experience to fight for his trademark.

Even if your contents of the site are different, it can still be against your favor, if the complaniant wants to get the domain away from you.
 

Ace

Well-Known Member
A case against your domain depends on the power of the complaniant. If this person is strong in the market (a famous company), then he will have all the knowledge and experience to fight for his trademark.

Even if your contents of the site are different, it can still be against your favor, if the complaniant wants to get the domain away from you.

So you are saying that rules are not worth anything?
 
Is it possible to lose the domain in INDRP if we have a domain that is:

(i) Not parked,
(ii) Not for sale,
(iii) Is developed,
(iv) No ads

But someone has TM for that name which is very different from the contents of the developed site. Also the TM is not a famous name.

If above is the case then nobody can take your domain name.... if some trouble comes to you just call us we will handle your case with .IN registry.

If you developed a website and even running advertisement on that, no issue in that ?

As far as you did not offered it for sale, you did not used exact copy of TM or not giving impression that your site is TM holder website , then nobody can take your domain name.

We have gone through each and every INDRP cases and in majority cases we found that mistakes done by registrant cost them the domain name.
 

domainpundit

Active Member
Country flag
Thanks for the confirmation. Could you please advise why the domains are taken away from the respondent , even though are using for legitimate purpose..

MGP.co.in and MGP.in
Registry.In

This is a recent decision during September 2011. If a big company files a compliant there is a good amount of chance to loose the name despite of all rules defined in INDRP are followed with 100 % accuracy.. Arbitators are expected to respect the books, I believe they cant take independent decisions based on their own knowledge or common sense.. if this allowed procedure in INDRP, then there is no way you can protect your domain.. correct me if i am missing some thing here.


Cheers
 
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