This is going to be huge.
Think they would be going the legal route rather than UDRP though.
Should be interesting to see the outcome, domain no longer redirects to the congress site...
I don't see why legal action is required. If I owned a domain, I'd redirect it anywhere I'd please. What a bunch of clowns...
BJP has done it right in going through legal route (An Indian court order can stop any one in India owning that domain name, also the court order can block that domain use inside India). BJP will probably use the information provided by Congress, and go with C&D Route or UDRP, WIPO Route to win the case...
India can do whatever it wants. I don't see how that's related to a .COM domain. They don't have a trademark on BJP do they?..
Trademark is definitely not necessary to own the .com domain name. They are an organization.
The point here is, the now owner of BJP.COM has willfully, with prior knowledge, has committed cyber fraud in engaging himself/herself with a well known brand. The now owner (after the recent domain sale) had knowledge of BJP, and redirected the domain to Congress. It's Identity Theft, the now owner may even use the domain to accept donations on behalf of BJP?.
I am sure many news agencies would be out to find out who is the current owner, and his/her motivations. If the owner turns out to have India address, probably Indian court is best to handle the dispute!.
Did some more research on this domain, and luckily was able to get some info.
Either the old owner (Bharat Journals and Publishers) or new owner has bought this domain to resell it for higher price. http://www.aboutus.org/Bjp.com shows:.
"Bharat Journals and Publishers" with office at:-.
BLTC Research, 7 Lower Rock Gardens.
Brighton, East Sussex BN2 1PG UNITED KINGDOM (Bharat Journals and Publishers in the UK! Looks real funny).
This person (#email id) was earlier involved in at-least one WIPO case for oxford-university.org (http://www.wipo.int/amc/en/domains/d...2001-0920.html). He is a Consistent Performer!!!..
Vc, you have a lot to learn, you don't really own a domain, you only own a lease to use the domain as per the TOS you agree with at the Registrar and Registry, abuse this right and you will lose the domain.
This is a cyber crime and you can be sure there will be some action against the domain owner for sure.
I'm not sure if the Congress party is even involved or whether the domain owner took it upon themselves to redirect the domain to try and up the asking price of the domain, kinda stupid if you ask me...
I'm canadian so maybe I'll understand better if we give a canadian example.
If I had say ndp.com and forwarded it to the liberal's website, I can get in trouble? I don't buy it and I don't have enough cash to try it lol..
Say if you have party A's domain and forward it to party B's website, the usage of the domain becomes bad faith, even though the domain itself might not be an issue per se'.
When you use a domain in bad faith - infringing on someone's tm, which in this case would be common law - the BJP was formed in 1980 with the BJS on which it is based was formed in 1951.
I feel they had a strong case at UDRP too, bjp.org (official site of bjp) was registered in 1995, bjp.com in 1997.
Till the .com stayed away from the usage of the earlier registered domain, it was safe, now, not as much.
Again, I'm not a lawyer, or a representative of either political party or of the domain owner, am just commenting on this as someone interested in IP law as related to domain names...
While Congress is known to go to such low levels, BJP should also take some blame. How come they did not register/purchase bjp.com ?
Some time ago RSS.com was on sale and I wrote to Rashtriya Sewak Sangh but they did not even reply, forget about buying rss.com.
Some politicians in India are net savvy as we can see in this example how a City domain is being used Welcome To Qila Raipur- Find villages map, halka news & rural development in Qila Raipur, Punjab..
BJP can be used as an acronym for many things and therefore the party in question doesn't have any exclusive rights on it. However, by re-directing the name to the rival party, the domain owner has put himself in a very risky position; this proves bad faith. I can see the owner losing his name sooner or later...