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IP Domain name dispute

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Title: IP Domain name dispute


1
Domain Name Dispute Resolution in India
  • Kinds of domain name disputes and procedure for
    dispute resolution

2
The first step a company takes towards
establishing its presence in cyberspace is the
selection of a domain name.
3
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.

4
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.

5
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.

6
The Importance of Preventing Domain Name Theft
7
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.

8
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.

9
Types of Domain Name Disputes
10
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.

11
Generic Top-Level Domain (gTLD) Name Dispute
Resolution
12
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).

13
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.

14
Country Code TLD (ccTLD) Name (.in) Dispute
Resolution
15
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.

16
Dispute Resolution Procedure for .in Domains
17
  • 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.

18
  • 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.

19
Centre for Innovation and EntrepreneurshipC-4,
IIT-H Foundation, Gachibowli, Hyderabad961840275
1, 9000600247
  • Reach us atprabha_at_accuprosys.com
    simplify_at_accuprosys.com anuradha_at_accuprosys.com 
    For more details, please visit
    www.accuprosys.com
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