To me, this is the most disturbing INDRP decision (for ndtv.co.in) --- no evidence of bad faith (in fact, the finding is that the registrant showed no intention to deceive the internet users of the Complainant) and that the domain is being used for an area of marketing different than the complainant's, but they
still take the name anyway! Want to know what American domaining will be like if the Snowe Bill passes?
"It is held that:
- Both the element of bad faith registration and bad faith use are not established. The Respondent deals with other marketing area rather than that of Complainant.
- The Respondent has no relationship or connection with the business of
New Delhi Television Limited.
- Though the Respondent has no malafide intention to deceive the
internet users of Complainant, the misrepresentation is made in the
course of trade to unwary Internet users.
- There in no evidence that the Respondent has purchased the domain
on account of bad faith.
- By relying on judgement of Supreme Court of India in Satyam
Infoway Ltd. vs. Sifynet Solutions Pvt. Ltd. reported in AIR 2004 SC
3540 and in accordance with the paragraph 10 of the IN Domain
Name Dispute Resolution Policy the domain name
www.ndtv.co.in of
Respondent be surrendered to the Complainant."
Source (pdf doc):
http://www.registry.in/policies/dispute_resolution/dispute_decisions/ndtv.pdf