Title: IP Domain name dispute
1Domain Name Dispute Resolution in India
- Kinds of domain name disputes and procedure for
dispute resolution
2The first step a company takes towards
establishing its presence in cyberspace is the
selection of a domain name.
3Owning 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.
4Domain 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.
5A 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.
6The Importance of Preventing Domain Name Theft
7Companies 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.
8If 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.
9Types of Domain Name Disputes
10The 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.
11Generic Top-Level Domain (gTLD) Name Dispute
Resolution
12gTLDs 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).
13A 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.
14Country Code TLD (ccTLD) Name (.in) Dispute
Resolution
15A 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.
16Dispute 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.
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