BJP.com A 14 Year Old Domain Is Taken in a UDRP Without A Registered Trademark

[the_poet]

http://www.thedomains.com/2011/08/10/bjp-com-a-14-year-old-domain-is-taken-in-a-udrp-without-a-registered-trademark/

The complainant has no TM, is from India and doesn't even own the .in/.co.in - I think this sets a bad precedent.

 

[Keith]

I think it was the right decision. The original owner clearly knew of the political party "BJP". They had links to the rival party most likely so bjp.org would make an offer to purchase.

Also bjp.org does not need to have a registered TM because they established a TM by using the name for years.

 

[DU]

I think it was the right decision. The original owner clearly knew of the political party "BJP". They had links to the rival party most likely so bjp.org would make an offer to purchase.

Also bjp.org does not need to have a registered TM because they established a TM by using the name for years.

It's a terrible decision, imho. Might be valid reasons but the text describes terrible reasons. Had no bonafide use?

It's 3 letters so similar to a lot of things. It did't show a lot of evidence of trying to garner BJP.org traffic.

The only mistake was linking to the opposition party for a period... but it a .COM was taken by a NON-COMMERCIAL entity in India (I guess with a bonafide interest?)

On a side note:

How do you think the British Journal of Pharmacology feel about this result? Or BJP Tattoo that are a real commercial US based company?

Shouldn't UDRPs on names like this should result in an open auction to ALL THE TRADEMARK holders? or vested business interests?

The crazy thing is that the BJP could have afforded the sum needed to take this legitimately... but then they are more corrupt and filled with scandal than anything the US or Euro Political parties could ever muster.

The UDRP needs a quick-appeal process - UDRPA because, you know, the court system is too expensive and drawn out. The panelists could double their money further scamming the system.

 

[Keith]

The only mistake was linking to the opposition party for a period...

It only takes one "mistake" to show bad faith.

 

[the_poet]

It only takes one "mistake" to show bad faith.

Of course the redirection of the domain to another political party was the only thing that gives legitimacy to this decision.

 

[Kate]

LLL.com are always lost through WIPO because of these stupid 'mistakes' (improper usage/sponsored ads), bme is another example among others.

BJP party is well-known even outside India (if you follow world news), they are even first in google for 'BJP'.

 

[the_poet]

BJP party is well-known even outside India (if you follow world news), they are even first in google for 'BJP'.

OK, but this a .com, not a .in. The may not need a TM within India, but I'm sure worldwide there are plenty of commercial entities using this acronym as their TM in their respective countries (BJP isn't even a commercial entity).

 

[DU]

It only takes one "mistake" to show bad faith.

But one ad showing anything Pharmaceutical make the case for the UK BJP.

One ad for a ring and there's a jeweller.

If you're the father of a child that is abusing a toy you tell them to stop abusing the toy, you don't call the mother and ask them to take the toy away.

It didn't, to me, read like a significant effort to damage or take advantage of a TM that isn't and is a group largely unknown outside of those interested in Indian society.

What's next...

Can't wait until the International Retirement Agency slips up and have a link to the Republic of Ireland....

 

[alien51]

This decision is BS.

How can the entire internet be held under the claws of opinion of one man sitting on a panel?

I asked this before: If you own a domain on just a single extension, does that give you legal ownership rights on all the other extensions without paying for those domains?

So if Google only regged Google.com, it would be illegal for anyone on the planet to reg Google.org and put up a website dedicated to a pet poodle named Google too?

Going back to this Indian acronym, why would it be illegal and bad faith to put the domain up for sale with a webpage saying so? Why would anyone in the United States for example, would care about some godly-popular political party in India who bought only the ORG? Maybe because the guy who regged the COM is also Indian and that gives bias?

A buyer should be held responsible also to pay for ownership at the onset on something he wants to claim as his own. if you didn't pay for it to own it when you had the chance, you should lose the right of ownership when someone else pays for it and claims it.

 

[Kate]

Once again, it was usage that led to that decision.
Not saying this fair or whatever, but you'd think premium domain holders had understood the rules of the game long ago.

 

[Kenny]

Once again, it was usage that led to that decision.
Not saying this fair or whatever, but you'd think premium domain holders had understood the rules of the game long ago.

Eggs-Ackley!!!!!

Cy

 

[afako]

Considering the Owner of BJP.com is an Indian based in India and may have affiliated with the Ruling Party to redirect the Domain BJP.com to congress.org.in(Where these Jacksh!ts Reside.)

It's a clear violation attempt by the ruling party!

You accept that, as a political campaigning entity, the website has an interest in limiting the personal liability of its staff and volunteers. You agree that you will not bring any claim personally against the website’s staff or volunteers in respect of any losses you suffer in connection with the website.

You agree that the limitations of warranties and liability set out in this website disclaimer will protect the website’s staff, volunteers, agents, contractors, as well as the website itself.

http://www.bjp.org/index.php?option=com_content&view=article&id=183&Itemid=596

 

[montyzpython]

Yes, this guy clearly brought it upon himself. If it weren't for that one mistake, he might have been ok.