Nikhil,

Thanks for the post. We think the case is pretty frivolous given there are several other sites using the highly generic term Tamil Matrimony (tamilmatrimony.net, tamilmatrimony.co.uk and tamilmatrimony.lk to name a few).

Our intention is ultimately to retain the domain we have – not to sell it. It’s unfortunate that Consim which has significant venture backed money is using it to bully their way to domain name ownership and hoping that a smaller company would be scared into ceding the domain name to them. Or perhaps they thought since we’re in the USA, we wouldn’t respond. It sets a very dangerous precedent for the internet in India if people can say that generic terms are “owned” by a particular entity. It definitely tilts the field in favor of well-capitalized firms and entities.

We’ll see how things turn out, but we have every confidence that NIXI will see through the spurious claims of Consim at the end of the day.

If you or your blog readers are interested, we are keeping folks posted about the case via a blog at http://www.stopdomainnamebullying.com.

The full press release issued by our law firm and us is available at:

http://stopdomainnamebullying.com/?page_id=7

Thanks again for raising the issue in your blog. Very interested to see what others are saying.

Regards,
Anand
info@stopdomainnamebullying.com

Nikhil,

Thanks for your comment. I wasn’t assuming that you were supporting either side and was glad to see the issue being highlighted on a blog like yours irrespective of opinion.

There are actually 3 elements that a complainant (in this case Consim) needs to provide evidence on in order to prove that they should receive the domain name. These are articulated by NIXI, and it is not just about trademarking. Based on past case law, even a trademark is not sufficient if the trademark is of a highly generic nature as the term Tamil matrimony surely is. (Just google it and 600k links to thousands of websites come up proving Consim by no means “owns” the term including its use by Shaadi, JeevanSathi, etc. Perhaps Consim should go after them for using the term in their Google Adwords ads?)

As for the bullying angle. Let’s revisit some of the facts. Consim is a venture-backed startup which has raised over $15 million attacking a successful (but much much smaller company aka us). They are looking to seize a domain name by crying to a regulatory body since they didn’t have the foresight to book it when they should have. They’ve not proven their case, but because we’re in the US and they’re well-funded, they thought they could take something that is not theirs by intimidating us with a thick (multi-hundred page) complaint.

Using your position/power to engage in anti-competitive behavior in the hopes of taking away something by force that you cannot prove belongs to you sounds a lot like bullying to us.

We’re obviously not sure how things will turn out, but the website ensures that our side of the story gets out given we don’t have the resources of Consim. It also creates awareness and ensures entrepreneurs, business owners and others know about the case. It also serves to highlight some of the potential risks/challenges of owning domain names in India.

Thanks for posting about the case. Look forward to seeing what you and others have to say. And I also look forward to keeping everyone updated about how things turn out.

Thanks again Nikhil.

Regards,
Anand
http://www.stopdomainnamebullying.com

Here is the link to the dispute decision.

http://www.registry.in/policies/dispute_resolution/dispute_decisions/tamilmatrimonycoin.pdf