New details regarding cybersquatters using a Mumbai registrar to assist in bad faith registration and use of domain names: yesterday, I received an email from an attorney in Mumbai, India who read my last article addressing this subject. See Domain Mining in India.
According to this Mumbai attorney, he has several cases involving this rogue Mumbai registrar that sets up straw registrants so the cybersquatters can force challenges to UDRP decisions into the Mumbai High Court. There the cybersquatters can delay the case for years profiting from use of the infringing domain name while the case drags out.
Apparently, one of the tactics used by the cybersquatters is to intentionally file a defective petition by not fulfilling all the technical requirements for the suit to be processed and listed for hearing, thus leaving the petition open to objections. By doing so the cybersquatters can delay the proceedings for months before the objections are removed. The intention of this tactic is to frustrate claimants so they will want to settle.
The tactic has been working because many U.S. and European claimants are settling. Unfortunately, the rate of settlement by the U.S. and European claimants is only encouraging more Mumbai cybersquatting.
Fortunately, Mumbai cybersquatters are not untouchable. While there are no ideal solutions, investigative techniques are available to get past the straw registrants.