Redirection and bad faith

Discussion in 'Legal Issues and Dispute' started by domaining123, Dec 30, 2011.

  1. domaining123

    domaining123 France Active Member

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    Hello,

    I have a question regarding legal aspect of Indian domaining. I found nothing precise on this:

    Does anyone know (Maybe Mitsu can give their opinion?) if using an Indian domain for redirection can be considered as bad faith?

    More precisely, if all my domains redirect to a unique developped website, with real and non illlegal content, with no trademark issue, can this procedure be considered as a good way to secure domains?

    Thank you very much,
    JeanClaude.
     
  2. Indian Bob

    Indian Bob Member

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    very useful question... waiting for answers from experts.
     
    Last edited by a moderator: Dec 30, 2011
  3. RetiredMember

    RetiredMember India Guest

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    No, not at all , redirecting domain name to your own developed website is not bad faith.

    Many corporate house redirect their .IN domains to their fully develop .com version.

    We donot think any issue in that........if you want very very precise answer PM us the details with names...
     
  4. Daver

    Daver Member

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    Please consider this scenario:

    If a domain name X is not trademark/porn related, not illegal but is undeveloped
    and
    another domain Y is also not trademark/porn related, not illegal, not parked, and is developed with a real content.

    X and Y are both totally unrelated to each other. Means they are not the .in versions of their .com counterparts.

    Now if X is being forwarded to Y, just for the sake of implying with the clause of "NO PARKING", will it still be considered fair-use by In Registry?
     
  5. s51888

    s51888 India Member

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    There will be no implied bad faith.

    But what about Google penalising the domains being forwarded which are not related to the content. For example if you have a website for www.Pens.in and you forward www.Soccer.in, i guess google could penalise the domain soccer.in for not serving the right content or having duplicate content.

    Please help me here
     
  6. domaining123

    domaining123 France Active Member

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    Thank you very much Mitsu!

    In fact, I'm not thinking to specific domains, the idea is to find a simple solution to protect domain names in development and/or with no dedicated website. The situation is well discribed by Daver (see above):

     
  7. RetiredMember

    RetiredMember India Guest

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    No, If .IN domain name goes for INDRP process then arbitrator can some time suspect that such redirection to unrelated website is for gain and same can be counted for Bad faith. As both the websites are not owned by same person and unrelated content.
     
  8. Daver

    Daver Member

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    I think by using a forwarding service which is redirecting with Redirect 301 is not hurting the forwarded domain X. I think the Google penalize the domains only when the content unrelated to the domain itself (X). Whereas, by forwarding, we are sending Google (and all the traffic) to the new domain (Y).

    Just for example, Monster, BigRock, Mitsu words are not literally related to their actual website contents..

    And by the way, Mitsu's free Forwarding Service gives the Redirect 301 :)

    And the motive of our all exercise to imply with the No Parking clause..
     
  9. Daver

    Daver Member

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    Thanks for the reply Mitsu.. Sorry I din't make myself clear.

    I should have added that both domains are owned by same person. Like Pens.in and Soccer.in, and Soccer.in is developed. Pens.in is simply forwarded to Soccer.in So pens.in is in question here.

    But I guess even then evenl Inregisry can also sniff that this is done just to circumvent the No Parking Clause.. ??
     
  10. RetiredMember

    RetiredMember India Guest

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    Case to case issue can be differ but this will cover in USE of Website section of INDRP and complaintant can make this thing as issue .... You require to have strong defence to prove that why you did this ?
     
  11. Indian Bob

    Indian Bob Member

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    When .com and other major registries have no problem in the domains being parked / sold then why .IN registry has such issue ?

    Domainers must get together and approach .IN registry for removing such clauses in the INDRP...
     
  12. Bonden

    Bonden New Member

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    Look at .de registry who has not a arbitral court at all and there is no problem without that.
     
    Last edited by a moderator: Sep 17, 2012