Perhaps the WORST DRP decision IMO and a horrible precedent?

IT.com

CyberKing

Domain Investor
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EasyToBook.co.in (and assuming EasyToBook.IN will follow) was won by complainant on Jan 2nd 2015 in a INDRP filed about two months ago. I was watching this very closely and am terribly disappointed by this decision. I thought the respondent had made a decent case.

This IMO is a horrendous decision and absolutely the worst precedent for generic brandable names in IN space. What do you think?


https://registry.in/system/files/easytobookcoin.pdf

Waiting to see what happens to HotelTravel.in next.
 
Really a bad decision. If you go through the ruling, you will see that the complainant did not respond to the two emails and still won the case.
 
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I don't quite get paragraph 14(a) on page 9 - it sounds like if you search for a trademark before registering a domain, then the panel will assume you had knowledge of the trademark, otherwise you wouldn't checked? So you are better off not checking for the existence of trademarks before registering a domain? Am I reading this correctly? Same with 14(b), etc.
 
Yes, the insinuation based on the statement that the respondent claims to be "internet savvy" ....hence the assignment of "guilt" ....kind of assumption by the arbitrator is so immature.

IMO The arbitrator should be "fired" or removed from the panel, this is the worst thing that could happen to dot IN's. Here are some other issues with INDRP related governance @ NIXI

1. There is "NO PANEL", one person arbitration, hence this problem. There should be an option like with WIPO etc. to have 3 member panel.

2. There are decisions like entrust.in which are pending resolution and well over the stipulated 60 days (delays)

3. There are other non-public INDRPs that are in limbo, no one knows the real list (not everything is published)

4. There are domains with so called NIXI CEO Administrative holds that are also not public and in limbo for over a year. ( I am tracking a few)

5. There is a huge back log of INDRPs (the pending list is a tip of the iceberg)

6. The appointment and expansion of the arbitrators list last November is showing no corresponding improvement in resolution rates in the last 60-90 days
 
Meanwhile, they finally uploaded a week old decision...on HotelTravel.in, in which I guess the respondent rolled over and played dead (LMAO) sadly, fair result:

https://registry.in/system/files/hoteltravelin.pdf

PS: However note from Nov 27th till Jan 6th the entire duration was utilized by the arbitrator to issue the decree - which is again inefficient and poor process execution
 

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