My LLL.in to INDRP?

[domaining123]

Hello,

I just have been contacted by an Indian company, in a very threatening mail. They want an LLL.in domain I own, on which I deployed a (ok, not very beautiful) website.

The name is registered since 2010, and not used in bad faith (there is a website on it, not at all related to their business). They have registered the same trademark as my acronym... They threaten to go to INDRP.

I answered and explained all of this to them. Curious to see where it goes.

Do you have any advice? I read carefully the case of fls.in...

Thanks.

 

[skyshipper]

We r with u, contact Sanjeev of mitsu for support and legal opinion

 

[RetiredMember]

Any time , please PM us with details of their TM... (May be we suggest some wayout.) One of our INForum member is also facing INDRP on very prime domain name and with our advice he appointed attorney and hope that he will win.

We came to know from registry as well as from clients that the INDRP arbitrator and his associates are contacting people as soon as the INDRP process is initiated , Check all facts before you jump to any decision. Sometime it is a handy work of these arbitrator and their associates (asking TM holder to file process) .

We made very detail representation before registry in regards to INDRP and demanded that almost all cases of past should be double checked by the UDRP arbitrator so they will know what they understand about domain name and INDRP. TM is not the only criteria in awarding domain name.

Luckily our suggestions are accepted and very soon a workshop will be organized by registry for all arbitrators where they will be detail about the process and may be Mitsu will also be the part of the process.

 

[kriss05]

Can you share the name, maybe via PM?

 

[RetiredMember]

For fls case following observation is made by High Court ...This shows the quality of arbitrators) :

13. Under rule 8 of the said rules, the arbitrator is required to conduct
the arbitration proceedings in accordance with the provisions of Arbitration
and Conciliation Act,1996, Dispute Resolution Policy, the Rules of Procedure
and any byelaws, rules and guidelines framed thereunder. Perusal of the
record indicates that the learned arbitrator has not conducted the
proceedings in accordance with the provisions of the Arbitration and Conciliation
Act, 1996 and also Dispute Resolution Policy, Rules of Procedure and byelaws.

14. Perusal of the record clearly indicates that the entire award of the
learned arbitrator is totally one sided. None of the submissions/contentions
raised by the petitioner in response to the complaint has at all been
considered by the learned arbitrator.

15. In my view, the learned arbitrator has rendered the impugned
award in gross violation of the principles of natural justice. Learned arbitrator
was bound to consider the issues and submissions raised by the petitioner in
response to the complaint which was admittedly on record before the learned
arbitrator. In my view, the learned arbitrator has not treated both the parties
equally.



Rest assured all these details are now with registry and they are checking it very seriously and very soon lot of changes will come into INDRP process including suspension of some arbitrators ( who is associated with domainers and they himself have lot of names registered in their names prior to become arbitrator and then transferred them to their family members , registry have all details.

 

[wot]

Just a thought from an old cynic.

There have been many cases of prime .in being taken from original registrants in so called arbitration apparently adjudicated by people who did not really know what they are doing.

Has anyone done a check on those names that have been taken over the years to see if they were actually used by the "successful" contestors, or perhaps even sold on.

Like I said, just a thought.

 

[RetiredMember]

You are right WOT,

Important thing is that when domain name awarded only seeing the Trademark then it is a issue.....But if domain name owner offered it for sale (Bad Faith) or used it for gain from parking or redirecting traffic (Use of Domain Name) then other two conditions also fulfilled and if TM owner takes advantage of this situation then it is bad luck of domain name owner.

But awarding domain name purely on the basis of TM is really a unfortunate thing.

Just a thought from an old cynic.

There have been many cases of prime .in being taken from original registrants in so called arbitration apparently adjudicated by people who did not really know what they are doing.

Has anyone done a check on those names that have been taken over the years to see if they were actually used by the "successful" contestors, or perhaps even sold on.

Like I said, just a thought.

 

[domaining123]

We r with u, contact Sanjeev of mitsu for support and legal opinion

Thank you, it's an unpleasant situation :/

Any time , please PM us with details of their TM... (May be we suggest some wayout.) One of our INForum member is also facing INDRP on very prime domain name and with our advice he appointed attorney and hope that he will win.

We came to know from registry as well as from clients that the INDRP arbitrator and his associates are contacting people as soon as the INDRP process is initiated , Check all facts before you jump to any decision. Sometime it is a handy work of these arbitrator and their associates (asking TM holder to file process) .

We made very detail representation before registry in regards to INDRP and demanded that almost all cases of past should be double checked by the UDRP arbitrator so they will know what they understand about domain name and INDRP. TM is not the only criteria in awarding domain name.

Luckily our suggestions are accepted and very soon a workshop will be organized by registry for all arbitrators where they will be detail about the process and may be Mitsu will also be the part of the process.

Thank you for your advice Mitsu, I just sent you a PM.

Can you share the name, maybe via PM?

Yes, I sent you a PM.

 

[CyberKing]

@domaining123

My humble suggestion to you is seek professional help - i.e engage those with specific expertise in law in this matter.

As far as I know in my experience, a domain in an acronym form can be better defended , relatively speaking ( as long as policy compliance is evident).

I also may be able to help you in your initial assessment/response. However you should seek professional help sooner rather than later.

Good Luck.

 

[LLL.in King]

@domaining123 - Yes we all suppport you 100%

All these INDRPs seem to be because end users dont want to negotiate and pay fair amount for domains they need. They are trying to use flimsy excuses and blackmail to get valuable domains from rightful owners. If they needed these domains so badly then they should have worked hard and diligently when these names were available and cheap.

 

[domaining123]

Thanks to all of you for your support, both here and in PM. That is very friendly

I answered politely explaining them why they will only lose time going to INDRP:

- Domain registered 4 years before their trademark application
- Domain not used in bad faith: there is a website on it
- Website topic not related at all with their business

They don't answered since yesterday, maybe it was just a try to frighten me and get the domain. For sure, I will keep you informed.

Thanks again for all your support