Discussion in 'Legal Issues and Dispute' started by Ceres, Apr 19, 2009.
Here are the latest three INDRP decisions:
Thanks for Keeping Us updated, its very sad that generic names like bare.in are losing :|
I agree with you Gaurish.
Bare.in was heavily contested by the respondent, and in my opinion he had a good case.
The Arbitrator's ruling seems flawed to me. He stated in his findings:
This is not the test under the INDRP rules is it? My understanding is that there must be evidence of registration and use of a domain name in bad faith.
However, the Arbitrator stated that there's no evidence suggesting the domain was registered in good faith. This is not the same test.
With regard to Rig.in, the Arbitrator states:
However, this makes no sense to me. When I look at Arogi.com, it states that they:
Why is not legitimate for the respondent to offers similar services under both arogi.com and rig.in? Neither of these domains have anything to do with clothing (Pantaloon's trademark is used in association with clothing).
It is indeed really very sad everybody who got sued, LOST all their case.
I CANNOT IMAGINE THAT WHAT THE OWNER's OF .com DOMAIN THINK? ITS SOUNDS LIKE IF YOU OWN a .COM DOMAIN YOU HAVE FULL RIGHT TO OWN ALL THE ccTLD's. I AM SURE SIMILAR DOMAIN NAMES DO EXIST's UNDER DIFFERENT ccTLD's. for e.g hotcourses.in. this domain name HOTCOURSES exists in different tld's, why didn't they sue them and take over those ccTLD's? This may not be a good example but there are others if you know what i mean. It is really FRUSTRATING really.
THE ONLY THING I CAN THINK OF IS THAT THE .COM owner's are THREATENED BY THE .IN's, if this is true, .IN WILL DEFENITELY TAKE OVER .COM and THAT DAY WON't BE TOO FAR ;-)
I CAN'T remember I READ ABOUT SOMETHING SIMILAR. THERE IS A SPECULATION WITHIN THE DOMAIN INDUSTRY THAT .IN COULD TAKE OVER .COM. THIS MAY NOT BE TRUE, some MAY LAUGH, but SOME be HAPPY - like myself ;-).
Ya think .in will overpass .com? Jeez, if that will happen, I guess now's the time to register cocacola.in ibm.in caterpiller.in and all that.
Nah, if the day comes that .in surpasses .com then pressure will be put on the .in guardians to come to their senses and play fair to the .com guys. You don't want to have a reputation as a pirate base.
I just read parts of the bare.in decision and discovered that the Complainant is the company that runs the food chain Big Bazaar in India. I am familiar with that chain and shopped there often. I liked their stores.
About two months ago I discovered a chain of very large supermarkets in New York City named Big Bazaar. I have shopped there and like the one store I shopped at. This particular store, in addition to common American brands, has a very good selection of Latin American and Caribbean goods. The impression I got was that the owner is Korean.
What do you think will happen if the US Big Bazaar clashes over websites with the Indian Big Bazaar? This could be the start of a very messy war.
I was hoping to see your response... ;-)
Actually, if you look at the reasoning used in the decisions, it would mean that .com holders should almost automatically be able to get the corresponding .in domains. However, I don't think that will happen in practice (rather, it shows how bad the reasoning in the decisions is).
Of course, your scenario makes a good headline... Big Bazaar Battle Brews
@hosting, Below is a copy of a post on my India blog which I wrote in January 2007. On first read the article might be taken as criticism of India. If that's the way you read it, you'd be mistaken. 1) the future is unpredictable, so what seems one way today might be quite different tomorrow, 2) economic events since this was written make the US's and the world's future even more uncertain than ever. Here's what I wrote:
This morning I began reading an article on the web that reported that the major US financial firm Goldman Sachs claims that in fifty years the economy of India will be bigger than the economy of the US.
I barely got beyond the intriguing headline when all of a sudden the electricity in my Bangalore apartment went out and my internet connection died.
The usual run of daytime electricity blackouts [or, as they call them here, 'load shedding'] the last couple of weeks has been ten or fifteen minutes long. But today's blackout lingered a much longer time. After an hour I decided to go shopping. I came back home an hour or so later, but still no electricity.
When I woke up from my nap my computer informed me it had been offline for four hours, by which time my interest in the Goldman Sachs prediction had waned. I tried to get back on the net for my email.
Oooops, my broadband service was out -- even though the electricity was working. I gave it a rest for a while.
Y came home and we busied ourselves preparing dinner. Just as we sat down to eat, for the seventh time in the last seven days, the lights went out at dinnertime. We keep candles handy at the dinner table since dinnertime blackouts are so predictable. Besides, for obvious cosmetic reasons, we enjoy the glow of candle-light dinners.
By the time we were ready for coffee, the lights came back on. We were able to have coffee tonight because the guy who delivers bottled water finally remembered to make a delivery to our place last night. He had forgotten us for three days in a row before then. He seemed to apologize -- I assume so, but can't be sure since we didn't share a language in common.
In any case, by the time I got back to the computer I totally lost interest in Goldman Sachs's prediction, so I can't tell you if I agree with it or not. I'll try to find it and read it tomorrow, if my internet works.
[originally posed January 25 2007]
What is going on in India? It's so sad he even needed to present a case at all. And for such an average name!
Reading decisions like this drive me crazy. I own prana dot in and co.in pointing to my site, maybe I should file a suit? Then India can give me all the domains with "prana" in them.
Hmmm, now that I think about it, all other 3 letter .IN domains ARE confusingly similar to mine, so I'll get IIN, ISN, IGN, INN, IPN, hey why not ZDN, QDN, JDN too? Perfect.
Hey, there is a Big Bazaar battle going on but it's between Pantaloon and another Indian company. Pantaloon is contesting the trademark Reliance Big Bazar for clothing, footwear, headgear, games and toys. See:
Pantaloon: 1 ‘a’ or 2, the name’s mine
Wow, Pantaloon's lawyers are on the warpath! They seem to be extremely aggressive.
Separate names with a comma.