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Old 03-11-2009, 10:05 PM   #26 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

I would like to add that adult domains can also be a risky proposition if you are into .in domains.

In Daniel's case i feel he got cheated by the INDRP either knowingly or unknowingly. It looks to me as a well-planned case of reverse domain hijacking involving influential persons.

Someone or an organization representing .in domain investors should approach the ICANN / WIPO to take action against the INDRP and the .in registry. At least this reverse domain hijacking phenomenon should be stopped in the near future as it will malign the image of the country and its registry which will in turn affect every stakeholder involved in '.in' domain names as a business.
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Old 03-11-2009, 10:42 PM   #27 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by Gem View Post

I still wonder when everybody knows that Directi is involved in high level of .IN domain scam then why people are still their customer or reseller ?. There should be boycott as they are greedy and their greed can show their true color any day ...... they are still involved in taking high traffic domains, we have lot of evidences against them and in short I want to say that your domains are not SAFE at all with them.

After I learn lesson from INDRP process I requested my Registrar Mitsu to secure Trade Mark for us and within 60 hours of application they provided me with the temporary trade mark no. and now almost after two years of my application I am in process of getting the TM within next 90 days. In my case I am completely dependent and have trust on my Registrar Mitsu for any .IN domain work whether INDRP process or TM problem.
Gem,
You tell us to boycott DirectI, but you use yourself use Mitsu.
Do you have any idea who owns or who is associated with mitsu.

Mitsu is owned by Sanjeev Goyal.(Mistu.in was created in 2006.)
Sanjeev Goyal & Jagdish Purohit used to own the resgistry BusinessX.
Check the address of Mitsu.in http://whois.domaintools.com/mitsu.in
and
Jagdish Purohit's address in INDRP filing
http://inregistry.in/policies/disput...s/business.pdf

None of the top .in keyword which were lost in the INDRP ruling were initially registed with DirectI or Mitsu.
May be, if you leave the top domain with either of them then your domain may be safe.

I feel there is lot of transperancy at .in Registry.
They were the 1st to ban the auctioning process of domains during the pre registration period.
http://registry.in/policies/advisory_la01
In addition, I don't know of any other cctLD Registry who post the disputed domain ruling in their site.

Expect for few ruling which were bad due to Registrar expoliting the loopholes in the system by teaming up with the Arbitrator, overall the ruling has been fair.

Rick,

May be you should get Divyank or Bhavin Turakhia for the panel discussion during the ccTLD Traffic conference.

Last edited by ads.co.in; 03-11-2009 at 11:13 PM.
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Old 03-12-2009, 04:10 AM   #28 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by Gem View Post
After I learn lesson from INDRP process I requested my Registrar Mitsu to secure Trade Mark for us and within 60 hours of application they provided me with the temporary trade mark no. and now almost after two years of my application I am in process of getting the TM within next 90 days. In my case I am completely dependent and have trust on my Registrar Mitsu for any .IN domain work whether INDRP process or TM problem.
how much it costs to take TM

is that process is easy ? what names u have TMed
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Old 03-12-2009, 06:49 AM   #29 (permalink)
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Default Re: Anyone have stories about losing .in names?

Quote:
After I learn lesson from INDRP process I requested my Registrar Mitsu to secure Trade Mark for us and within 60 hours of application they provided me with the temporary trade mark no. and now almost after two years of my application I am in process of getting the TM within next 90 days. In my case I am completely dependent and have trust on my Registrar Mitsu for any .IN domain work whether INDRP process or TM problem.

How much does it cost?
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Old 03-12-2009, 06:57 AM   #30 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

I too suggest that Directi owners Turakhia's be called for the ccTLD conference and asked about questions related to the case of reverse domain hijacking. Is there any relationship between Jagdish Purohit and Bhavin Turakhia? or someone at Directi?
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Old 03-12-2009, 08:34 AM   #31 (permalink)
 
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Post Re: Anyone have stories about losing .in names?

i didnt loose any .in domains of mine!

i think if we invest in any cctld of country like india, china, europe, canada, usa, singapore etc then we must have a business partner with strong political and legal influence there from those countries itself to handle those domains. Out of those who loose their cctld domains, it has been observed that those people who were not a citizen of the country whose cctld domains they have purchased are more likely to loose their domain names in legal disputes.

i have a canadian partner for regging .ca & .am domains which i cant register due to absense of my own address proof & lack of influence in canada so we are not in any disputes. he trusts me for his .in's & .co.in's and i trust him for .ca and .am.

ya but 90% domainers wanna eat all the profits themselves and dont wanna trust other domainers and make business partners with them, so thats their fate of loosing an offshore business opportunity and they are bound to loose cctlds some day or another easily.

here is a few quotes i would like to put here!

“People expected to make a $100,000 after just a couple of months. They were starting to get greedy.” - Daniel Butterworth

“Down went the owners -- greedy men whom hope of gain allured: oh, dry the starting tear, for they were heavily insured.” - William S. Gilbert

“She could have been extremely frustrated, rushed shots and been greedy, but she wasn't. That's when we're a great team. We're unselfish. We share the ball.” - Anne Donovan

“I could have saved the stroke by playing it safe. I must admit I was greedy and hence went for the green.” - Vijay Kumar

“Form no covetous desire, so that the demon of greediness may not deceive thee, and the treasure of the world may not be tasteless to thee.” -Zoroaster

“Nobody works as hard for his money as the man who marries it” - Kin Hubbard

and here the best quote of the day!

“The point is that you can't be too greedy.” - Donald Trump

CHEERS!
The Undertaker
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Old 03-12-2009, 11:29 AM   #32 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Just a week or two go I noticed these decisions and was shocked and this thread just confirms what I was thinking. However, I will still be investing in .in despite the risks, I dont have any super premium domains like jobs.in or business.in etc. so I dont think there is much risk for me.
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Old 03-13-2009, 01:57 AM   #33 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by Gem View Post
Local lawyers are not very expensive either.

Who says so ? I have experience of loosing domains in INDRP ! I went to India to hire the Attorney and they are upfront asking for USD 2000 to fight the case and then taking out more money from our pocket on any pretext ?
Gem,
Do you mind sharing with the domain name you lost in INDRP.
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Old 03-13-2009, 02:34 PM   #34 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by Rick Latona View Post
A few weeks ago I started buying .in names as fast as I could. Since then, I've been hearing horror stories about them.

Notable domain attorneys have told me that it is impossible to defend them. I'm told that the .in registry is infamous for making up reasons to give your name to any Indian company that files a complaint.

What are your experiences?
This is not true in 99% of the cases. if you talk to notable lawyers having deep knowledge in the Indian IT Laws then I am sure they would give you a different picture. It is a sunrise sector and there are not many lawyers in India who know the IT laws as best as they should but there are still a few excellent people out there who can defend your case quite well.

There were a bunch of people who had registered false TM's under various heads to capture these remarkable domains via the reverse hijacking way.

Indian or non Indian company if you can hold your ground you get to keep your name and inspite of all your efforts if you still loose a case with them you can still get a stay order from the high court to prevent the domain being taken away from you till the case is disposed off. Needless to say the domain stays in your account but in a suspended locked mode.

Quote:
Originally Posted by Daniel View Post
Well, they're right. I once owned hotels.in and jobs.in... I've learned my lesson and now stay away from .in.
I read the cases and alas you were indeed the victim of reverse domain hijacking.

Quote:
Originally Posted by npuva View Post
You all are making me nervous. I have a few WiMax .in names and because WiMax is so much bigger there than in the US perhaps I'll suffer the same fate.

Hotels.in is a terrible name to lose!
As long as you dont have a too generic name and another company doesnt own a TM in that area you get to keep your domain. Best way to keep a .in name to have some development on it and not park it at all.

Quote:
Originally Posted by Rick Latona View Post
What was their excuse for takng them?
There was a cartel working as a group in taking away these names from their genuine owners. the modus operandi was to register multiple false TM's relating to these generic terms and then claim them as their property.
Almost all the TM's were related to the tobacco industry and reading the case of Business.in will give you a clear understanding of what exactly happened. There are multiple sources of information proving the false TM;s and the classic case of reverse domain hijacking.

Quote:
Originally Posted by Daniel View Post
Both domains were challenged under INDRP (.in dispute resolution):

In the case of hotels.in DirectI claimed that I was violating their "hotel" trademark.

They (the parent company of Skenzo) were further arguing that domain parking constitutes bad faith.

jobs.in was awarded to someone who owns several generic (and unused) trademarks for tobacco products (and who is a friend of the arbitrator according to his own web site[1])...

The decisions can be found at http://www.registry.in/policies/disp...ute_decisions/

As one can see there were quite a few other disputes concerning generic domains, each of them obviously resting on bogus arguments.

[1]: http://www.jagdishpurohit.com/credit.htm (Manoj Bhatt was the arbitrator in the jobs.in case who also hosted a personal page on the complainant's web portal indiapress.org that is now offline).
exactly my point, all these cases revolved around the false TM's under tobacco industry and they were aided directly or indirectly by outsiders in taking away these names.

Directi had also registered these TM's under some pretext and used the same TM to take away them name, claiming it violated their TM and the name was parked even though they own one of the biggest parking companies in the world, amusing.

Quote:
Originally Posted by Daniel View Post
Yes, there are court cases pending. What do you mean by "was actually taken by Directi"?



Ever heard of reverse domain hijacking?
Classic and blatant case of reverse domain hijacking

Quote:
Originally Posted by 888 View Post
I remember Daniel losing those names, scandalous on behalf of Directi & their '"buddies". Directi, a registrar and one of the main beneficiaries of the launch- . I don't think they are too much involved in this "hijacking" now they are mainstream and looking to list- potential bad publicity.

They also "claimed" - "caught" the majority of the premium .co.in that were released at the same time as the .in land rush- not exactly a free and fair distribution as I commented on a few occasions at the time- deaf ears abounded.

Business.in is held by the National Internet Exchange of India. Web.in - Domain On Hold For Compliance.

I have not heard of any recent "hijackings" - could be wrong.
Business.in case result is the best answer to the scenario and also proves how false TM's were used to obtain these names.
Off lately the cases have been pertaining to international registered TM's being cyber squatted by some domainers. Nothing as blatant as what happened in the past.

Quote:
Originally Posted by Anunt View Post
I am traveling in India right now and i have learned one thing very quickly -- Money Talks!

Lots of corruption going on here in India. You can easily get away with almost anything in india if you have the money. You can pay off the court system, police officers...anybody!

In court cases...what they have a tendency of doing out here is pro-longing the court cases for years and years...the case never gets solved!

Anybody out here can take your dot in domains if they really wanted to...all they have to do is pay off the main person and its done...and if there is a court case...this case will go on forever!

Do a whois check to see who owns all the top best .in domains...less than 5 people own the top best .in domains...i wonder how they got them all!!!
I think you have a very notion about the entire scenario. If it would have been so easy these so called people would have taken away the cream of all the .in names.

I can give you a detailed list of all the .in and .co.in portfolio holders scattered around the world.

As far as corruption goes I think it happens everywhere in the world, just the degree of severity differs.

Quote:
Originally Posted by Rick Latona View Post
I talked to a couple of well known domain lawyers today that told me they have never successfully defended a .in case.
The best person to defend the same would be one of the most notable Supreme court lawyers in India, who is also one of the most learned person in Indian cyber laws.

He is expensive and the name would justify hiring him to defend the case or not. You can call him the John Berryhill of India

Quote:
Originally Posted by Carter View Post
It's scandalous what happened to Daniel...I ask myself why they act like this (I know the obvious value of these 2 domains but it's scandalous too).
Long term profiteering by way of Reverse Domain Hijacking

Quote:
Originally Posted by Rick Latona View Post
I agree that most could lose 10% of their portfolio and still make out in the long-run.
Trust me, if you develop most of the names using your minisites there is a very small chance that you will loose any of your names.

Quote:
Originally Posted by zapdaddy View Post
I didn't realize it was so easy to lose .in

I'll have to think twice about buying any more.
Its not that bad anymore.

Quote:
Originally Posted by 888 View Post
These disputes were 3/4 years ago?- I have heard of nothing recently unless referring to blatant tm's
These cases happened in the initial years, not anymore since now is the time to capitalize and profit from them and no one likes to have negative publicity at the wrong time and place.

Quote:
Originally Posted by chandan View Post
hire some local killers cheap and best
Does it settle the basic problem

Quote:
Originally Posted by domains View Post
I would like to add that adult domains can also be a risky proposition if you are into .in domains.

In Daniel's case i feel he got cheated by the INDRP either knowingly or unknowingly. It looks to me as a well-planned case of reverse domain hijacking involving influential persons.

Someone or an organization representing .in domain investors should approach the ICANN / WIPO to take action against the INDRP and the .in registry. At least this reverse domain hijacking phenomenon should be stopped in the near future as it will malign the image of the country and its registry which will in turn affect every stakeholder involved in '.in' domain names as a business.
Adult domains would surely be VERY risky to monetize in the .in and .co.in space as online or offline pornography is illegal in India and you can land behind the bars if you are found to be connected with it in any way.
Things might change in future as liberalization continues but as of now its a big NO NO.

Quote:
Originally Posted by Gem View Post
I donot think Jagdish Purohit and Directi have any relation as far as domains hijacking are concern , may be Jagdish will be a regular customer or reseller of Directi ? and Regisrar is concern with the business, he/she donot know how his/her client procure the domains ?

Mitsu charged me USD 200 for TM registration....
if I am not wrong Mitsu.in is a reseller for Directi

Quote:
Originally Posted by Gem View Post
I donot want to give my identity as my domian case is still pending before higher courts and comments on this forum may harm outcome of my case....?
Best of luck to you

I made all these observations in my individual capacity since I held a decent portfolio of .in and .co.in names, including the likes of Internet,co,in etc which I subsequently sold off and still do retain a good portfolio.
We can all go on and on but the rules are not going to change and it is in our interest to create a level playing field staying within the rule book.
Its tough but it can be done.
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Old 03-13-2009, 02:46 PM   #35 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by vik22 View Post
Does it settle the basic problem
hopefully

Quote:
Originally Posted by vik22 View Post
if I am not wrong Mitsu.in is a reseller for Directi
mitsu is a acredited registrar and it has Directi interface.

u can few .in accredited registrar using directi for the registrations

mitsu , businessx , netlynx etc
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Old 03-14-2009, 03:31 PM   #36 (permalink)
 
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Question Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by Gem View Post
I donot think Jagdish Purohit and Directi have any relation as far as domains hijacking are concern , may be Jagdish will be a regular customer or reseller of Directi ? and Regisrar is concern with the business, he/she donot know how his/her client procure the domains ?

Mitsu charged me USD 200 for TM registration....
Where can you at Mitsu apply for TM registration??????
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Old 03-14-2009, 06:28 PM   #37 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

For services by mitsu related to trademarks, I suggest contacting them directly using email.

Quote:
Originally Posted by Katerina View Post
Where can you at Mitsu apply for TM registration??????
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Old 03-15-2009, 05:24 PM   #38 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by Rick Latona View Post
A few weeks ago I started buying .in names as fast as I could. Since then, I've been hearing horror stories about them.

Notable domain attorneys have told me that it is impossible to defend them. I'm told that the .in registry is infamous for making up reasons to give your name to any Indian company that files a complaint.

What are your experiences?

I am new here and this is my first post.

I have got lot of letters regarding domain disputes from different companies.

First mail received from is *****herbals.in, (actually i registered the domain by mistake.)

He sent me email to return the name to them and I send the below reply.

"I registered the domain only on April 2005, which means the domain was unregistered until apr 05, that's why I could register the domain.

.in registry started .in registration in 2004/ jan 2005 for trademark owners. They gave time to register trademark domains until Feb 15,2005. Lot of trademark companies registered their domains on that peorid. eg, mrf.in, tata.in....etc. Sorry to tell you that, it was your fault to forget or neglect to register your trademark domains on that period.

I request you to go through the following news/policies from different newspapers/websites regarding .in domain names registrations.



1. News from The Hindu News paper on 28.10.04

New policy for `.in' domain announced

By Our Special Correspondent

NEW DELHI, OCT. 28. The Union Communications and IT Minister, Dayanidhi Maran, today announced a new policy for the `.in' Internet domain name in order to popularise its use. The salient features of the policy include faster registration procedure and lower charges. The IT Department Secretary would be writing to all government organisations and corporates requesting them to migrate to the domain name under the India country code. The policy will be implemented from January 2005.

The initiative is in line with the international practice of countries adopting liberal and market friendly policies to register more domain names under their country names. At present, out of six crore domain names worldwide, less than 7,000 have `.in' suffix. In IT terminology, `.in' is India's allocated country code top level domain (ccTLD).

"This is a proactive step to promote Internet in India,'' noted Mr. Maran. Its large scale adoption will also help establish the Indian identity of users in the Internet space. Mr. Maran said the Government was also working on the concept of providing domain names in local languages on the lines of similar systems in China and Taiwan among other countries.

The Government plans to set up national Internet exchanges in second-tier cities to address the problem of high connectivity costs and slow speed. At present the not-for-profit National Internet Exchange of India (NIXI) has hubs in the four metros to improve traffic routing and conserve bandwidth. NIXI has been entrusted with the responsibility of operating the `.in' registry by creating an `.in' Network Information Centre that will be an autonomous organisation.

Unlimited registration

Unlimited generic `.in' registration will be offered at second and third levels of domain name in globally popular zones of domain registration such as `.co.in,' `.net.in' and `.org.in.' The minimum fee charged by the `.in' Registry would be Rs. 250 and Rs. 500 per year for registrations at third and second levels. The present charges are three times higher. The entire process of registration will be online and should be completed in less than 24 hours of the receipt of the request from a registrant. The `.in' Registry will announce a `sunrise period' of 90 days to enable registered trademark owners, registered companies and owners of intellectual property having a legitimate interest in protecting their brand to secure registration of their domain names after due verification. The zones for Government, military and educational institutions will be reserved exclusively for these organisations. The Registry will have the authority to deny or suspend any registration if it conflicts with the sovereign national interest or public order.

The names of Constitutional authorities, States/Union Territories and specific names used by the `.in' Registry will be put in the reserved category of names, which will not be available to the general public.

The Government took this step as the number of registered `.in' domain names does not truly represent the penetration of IT in India. An overcautious registration policy and absence of contemporary processes and infrastructure for registration have so far hindered the growth of `.in' domain.

2. News from Times of India on 28.12.2004

http://timesofindia.indiatimes.com/a...98,curpg-2.cms



Govt opens .in registration
N VIDYASAGAR

TIMES NEWS NETWORK[ TUESDAY, DECEMBER 28, 2004 11:42:55 PM ]






NEW DELHI: India is all set to open .in Internet domain aggressively for domestic and multinational companies for registration from new year till January 21, for firms who have registered trademarks.

This process would be offline to enable registered trade mark companies to get .in — which is the official domain name of India. From February 16, 2005 this would be made public — which means for the first time .in domain name would be available for registration without any restriction.

The government is confident of establishing Indian identity in net space using .in domain name.

The government has appointed four registrars for .in domain service — OnlineNIC, Net4India, Direct and Good Luck — to speed up process as well as push India brand.

The registration would be managed by National Internet eXchange of India (NIXI). In addition to .in, the government has also made .co.in, .net.in, .firm.in, .ind.in, and .org.in.



The registry charges are Rs 500 for .in and Rs 250 for rest six domains. Currently a .com domain registration cost Rs 800 each year.

‘‘The sunrise period of 21 days beginning New Year is to give opportunity for registered companies to buy .in by producing trade mark certificate. There would be complete freedom for public from Feb 16, 2005 to register any domain name including registered trade marks,’’ said Jasjit Sawhney, CEO, Net4India and NIXI board member.
For example, Hindustan Lever Ltd (HLL) has over 1,000 trademarks and if HLL fails to buy .in domain by January 21, 2005 it would be up for grabs from Feb 16, 2005 to anyone in the market. Reliance and Tata have over 500 trademarks.

Sawhney said any word having four-letters are not available in .com domain and a rush is expected for .in. An industry section said government has woken up ‘‘too late’’ to revamp domain registry, saying .com continues to be a preferred registry. There are over 5 lakh registered trademarks and companies, only 7,000 have taken .in domain.





3. Press Release (Press Information Bureau) – Govt of India



DAYANIDHI MARAN PRESENTS ‘.IN’ DOMAIN NAME REGISTRATION CERTIFICATES TO LEADING INDUSTRY NAMES

FASTER ONLINE REGISTRATIONS OPEN TO COMPANIES, INDIVIDUALS AND ORGANISATIONS IN INDIA AND ABROAD

The Registration process for the official Internet domain of the country being ‘.in’ has already commenced with effect from 1st January, 2005. ‘.in’ Domain names are now available online to everyone who wants to have the same.

At a function held here today, Shri Dayanidhi Maran, Minister of Communications & Information Technology presented the Registration Certificates to the leading industrial organisations who have registered their names with ‘.in’ extension. Speaking on the occasion Shri Maran said that ‘.in’ reflects the patriotism and it will definitely be a successful one. He further said that initially the registered companies and registered mark owners are given time till January 21, 2005, technically known as the sunrise applicants, to select their addresses in their names, after which a silent period will prevail. From February 16, 2005 open-registration will start for the General Public. However, those entering for registration after the stipulated period of 15th February will have to choose from the ‘left-over’ names only, Shri Maran said.

4. Hindustan Times gets .IN registration

HindustanTimes.com

New Delhi, January 6|17:01 IST
Hindustan Times on Thursday joined a select few from India Inc to get .IN domain name registration, thus furthering its Indian identity on the Internet....

The certificate recipients included Tata group's Ratan Tata, Bharti group's Sunil Mittal, Hindustan Times group's Shobhana Bhartia, N Ram from The Hindu and Aroon Purie of the India Today group....

The registration will also be made available online to everyone who wants it after February 16, 2005. Online applications will be accepted for mydomain.in., co.in, and org.in. The domain names have been created by NIXI. It has accredited Direct 1, Good Luck domains, Net4India and Online NIC to accept applications and assign domain names

After the mail, I could not find any reply from them.

But later I transferred the domain name to them without any charge.

Also I received emails from some LLL companies (1 international bank and 1 entertainment co.) and I sent the same email and no replies from them.

As per the above news, it is very clear that, from landrush, anybody can register any domains without any restriction. Otherwise, why they had given sunrise period?

Now some registrars are trying to make money thru trademark registrations...

regards,
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Old 03-15-2009, 05:56 PM   #39 (permalink)
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Default Re: Anyone have stories about losing .in names?

Thanks for the info.
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Old 03-28-2009, 01:38 AM   #40 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Thanks for the great info on this thread. I'm only slightly concerned as my intentions are development for my .in domains but I have some highly valuable (to my mind anyway) .in geo domains outside of India (US, Europe, Australia, Canada) and have a few questions for the folks familiar with this:

1. Geo domains in the US have fairly good precedent (MyrtleBeach.com for example) that should prevent the U.S. government from trying to take these names for their use. What is the corresponding situation in India for developed Geos either inside or out of India? I'm guessing these can't be TM'd, correct? Think something like Atlanta.in (not one of mine unfortunately).

2. Can anyone PM a good lawyer in India?

3. I've seen very few .in's being resold in the domain aftermarkets (especially for what should be a great geo domain extension - up there almost with .info). Is that because of fears of losing the names, lack of wide spread exposure of the extension itself, or is there some legal issue/restriction for resale that makes it more troublesome? Maybe it's a vast right wing conspiracy! Wait, we only have those in the US

Thanks again!
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Old 03-28-2009, 03:21 AM   #41 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Joy, thanks very much for taking the time to show us your 'effective' reply.
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Old 03-29-2009, 04:55 PM   #42 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Great thread. I myself have invested primarily only in LLL.ins.

For those of you who have gotten screwed in the Indian arbitration process....I may be way off on this, but my understanding of international arbitration is that you can have an arbitration award vacated by a court in another jurisdiction if you can prove any of the 7 exceptions under Article V of the New York Convention.

This applies to all the signatory countries of the New York Convention. Now presumably, this would only be effective if the domain name itself resides on a server located outside of India, in a country that has signed the New York Convention (besides North Korea and some Middle East countries, most countries are signatories).

So in theory, if the ruling comes out against you, but the name resides on a server in... Boston (very hypthetical), you could file suit in a Boston court requesting them to vacate the award and prevent transfer of the name.

Are all .in names hosted in India? I have no idea. Any domain lawyers here? Please correct me if what I have said is ridiculous. Thanks!
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Old 04-02-2009, 05:08 PM   #43 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

The ALL.IN INDRP decision came out today. The Complainant won. It was a terrible decision, and reflects that Indian domains are not reliable enough to be used for business (not just domaining -- but any business). The only redemption would be if some of the other pending generic .in INDRP (honey, bare, rig) are successfully defended by the Respondents.

INDRP Dispute Decisions
All.in Decision pdf

Update: The all.in decision has been taken off the registry.in website.

Last edited by jagusa; 04-02-2009 at 06:55 PM.
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Old 04-02-2009, 05:20 PM   #44 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by jagusa View Post
The ALL.IN INDRP decision came out today. The Complainant won. It was a terrible decision, and reflects that Indian domains are not reliable enough to be used for business (not just domaining -- but any business). The only redemption would be if some of the other pending generic .in INDRP (honey, bare, rig) are successfully defended by the Respondents.

INDRP Dispute Decisions
All.in Decision pdf
I disagree. Yes, it would have been nice for people looking to park their domain name but otherwise I think the ruling doesn't change anything that's already been said here - you've gotta have something of value on the site or show that you are making progress towards having something of value on the site PRIOR to the complaint and that the content you have doesn't infringe the trademark in question. It's pretty straightforward and as long as they abide by those rules they are totally acceptable (to me anyway).

I actually feel better about my investments in .in now Thanks!
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Old 04-02-2009, 05:32 PM   #45 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

We'll have to disagree then. I do not have the Respondent's defense text --- apparently though, ALL.in was not parked, had no content infringing on existing marks, and was not offered for sale. I own a non-domaining business (domaining is a hobby), and am using these decisions as a benchmark on the business utility of the extension. I love my .in domains, but would not chance their use for anything important.

Quote:
Originally Posted by theoretical View Post
I disagree. Yes, it would have been nice for people looking to park their domain name but otherwise I think the ruling doesn't change anything that's already been said here - you've gotta have something of value on the site or show that you are making progress towards having something of value on the site PRIOR to the complaint and that the content you have doesn't infringe the trademark in question. It's pretty straightforward and as long as they abide by those rules they are totally acceptable (to me anyway).

I actually feel better about my investments in .in now Thanks!
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Old 04-02-2009, 06:54 PM   #46 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

The INDRP decision for ALL.IN has been taken offline. I wonder why.
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Old 04-04-2009, 05:28 PM   #47 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by jagusa View Post
The INDRP decision for ALL.IN has been taken offline. I wonder why.
now its in pending decisions link

INDRP Pending Dispute Decisions
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Old 04-28-2009, 10:56 PM   #48 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

may be a nonsence but it would prevent the loose of DN to transfer to some european registrar ,like EuroDNS or similar? These registrar need not to follow any indian "lawmakers" or disputes ?

thanks anybody for clarification
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Old 04-29-2009, 06:57 AM   #49 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Quote:
Originally Posted by rokoroko View Post
may be a nonsence but it would prevent the loose of DN to transfer to some european registrar ,like EuroDNS or similar? These registrar need not to follow any indian "lawmakers" or disputes ?

thanks anybody for clarification
Weather you take the name to a European registrar or any where else for that matter, the Custodian of the .IN registry STAYS in India, so even if you want to you cannot escape from them in case they decide to take away a domain.
The same is true for .com, .net, .org, info etc.
If the Custodian of the TLD / CCTLD wants to take back a name, there is no way you can stop it from doing some, except by executive legislature or a judicial order from the court of Law.
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Old 04-30-2009, 09:11 PM   #50 (permalink)
 
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Default Re: Anyone have stories about losing .in names?

Honey.in was lost today in INDRP because the Complainant had a trademark on HONEY FRESH and HONEY SPORT. It's an example of another unfair, business-unfriendly decision by NIXI. Again, I contend that the INDRP system is in need of foundational reform before any enterprise should consider doing business using a domain within the Indian cctld.

http://registry.in/policies/dispute_...ns/honeyin.pdf
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