IP Domain name dispute

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Domain Name Dispute Resolution in India

• Kinds of domain name disputes and procedure for
  dispute resolution

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The first step a company takes towards
establishing its presence in cyberspace is the
selection of a domain name.
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Owning a website with the right domain name is
integral to a companys online branding strategy.

• The problem of domain name disputes begins when a
  domain name that should have been rightfully
  yours is already bought by someone else a cyber
  squatter whose motive is to make big bucks by
  selling you what should have actually been yours.
  

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Domain name disputes are now a common phenomenon.

• Sometimes, individuals also bank on the fame of
  other websites by using similar sounding domain
  names for their own websites.

• What usually happens is that third parties (cyber
  squatters) buy domain names that have a high
  probability of being bought by companies, and
  sell them for a very high amount to these
  companies.

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A popular instance of domain name disputes in
India is that of Yahoo Inc. (the plaintiff) vs.
Aakash Arora Anr. (the defendant).

• A domain name registrant does not obtain any
  legal right to use that particular domain name
  simply because he has registered the domain name,
  he could still be liable for trademark
  infringement.

• Here, the court observed that it was an effort
  to trade on the fame of yahoos trademark.

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The Importance of Preventing Domain Name Theft
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Companies and trademark holders have a moral
obligation of not only protecting their brands
but also preventing their misuse.

• Suing someone for domain name theft is a duty
  more so because consumers are the ultimate
  victims.

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If an original brand owner does not take steps to
prevent the sale of spurious goods through a
domain name that that is similar to his trademark
but is bought and operated by someone else, he is
contributing in a way towards the exploitation of
consumers.

• Domain name theft also ruins the image of the
  original brand.

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Types of Domain Name Disputes
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The Uniform Domain-Name Dispute-Resolution Policy
(UDRP) governs domain name disputes concerning
generic top-level domain (gTLD) names.

• Domain name disputes related to country code TLD
  (ccTLD) name .in for India are entertained by the
  National Internet Exchange of India (NIXI) and
  are governed by the .IN Dispute Resolution Policy
  (INDRP).

• Such disputes are catered to by an Internet
  Corporation for Assigned Names and Numbers
  (ICANN) accredited dispute resolution service
  provider.

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Generic Top-Level Domain (gTLD) Name Dispute
Resolution
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gTLDs include .com, .net and .org.

• These domain names are resolved under the UDRP
  policy wherein a complaint is filed with any
  ICANN accredited dispute resolution service
  provider such as the National Arbitration Forum
  (NAF), the CPR Institute for Dispute Resolution
  and the World Intellectual Property Organization
  (WIPO).

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A complainant seeking cancellation or transfer of
a disputable domain name under UDRP policy is
required to establish that

• 1. The domain name under dispute is deceptively
  similar or identical to his trademark
• 2. The current holder of the domain name has no
  legitimate interests or rights with respect to
  that domain name
• 3. The registration and use of the domain name by
  the present owner is in bad faith.

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Country Code TLD (ccTLD) Name (.in) Dispute
Resolution
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A complainant can file a complaint with National
Internet Exchange of India (NIXI) for domain name
dispute resolution under the INDRP policy on the
following grounds

• 1. The domain name under dispute is deceptively
  similar or identical to his trademark
• 2. The current holder of the domain name has no
  legitimate interests or rights with respect to
  that domain name
• 3. The registration and use of the domain name by
  the present owner is in bad faith.

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Dispute Resolution Procedure for .in Domains
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• 1. The complainant first has to file a complaint
  with the .IN Registry upon paying a certain fee.
• 2. He can ask for a transfer of the domain name
  registration to himself or cancellation of the
  domain name.
• 3. An Arbitrator is appointed by the .IN Registry
  from a list of arbitrators published at
  www.registry.in.
• 4. The arbitration proceedings are carried out by
  the Arbitrator in accordance with the IDRP Policy
  and Rules and the Arbitration Conciliation Act
  1996.

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• 5. The registrant of the domain name against whom
  the complaint is made is mandatorily required to
  cooperate with the arbitration proceedings. He
  cannot transfer the registration of the domain
  name to anyone else for 15 working days after the
  proceeding is concluded and also during a pending
  case.
• 6. The complaint is resolved by the Arbitrator as
  per applicable policies. The decision is then
  published on the internet.

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Centre for Innovation and EntrepreneurshipC-4,
IIT-H Foundation, Gachibowli, Hyderabad961840275
1, 9000600247

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