Intellectual Property Rights

Domain Name Disputes

We have extensive experience in advising clients on domain disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and .IN Domain Name Dispute Resolution Policy (INDRP).

We advise clients in matters regarding cross-border infringement of domain name as well as liabilities which arise in the field of Intellectual Property and protection of web-content.

We also conduct prior search for initiating legal proceedings against abusive domain names.

We represent our clients in a wide variety of domain name disputes such as Cybersquatting, Typo-squatting, Domain Name Warehousing, parking of domain names and further related issues.

Domain Name Disputes FAQ's

Domain name is a word or a combination of words which help identify a websites’ association with another individual. The domain names are used to locate the website and are popularly known as Uniform Resource Locator (URL). The Internet domain name is very important for every business who wants to establish their name on internet. They consist of two parts, top-level and second-level domain names. These are easily identifiable, for e.g. www.google.com, here ‘com’ is the top-level domain and ‘google’ is the second-level domain. Any individual can purchase a domain name from a certified Registrar for a limited amount of time which can be renewed by the registrant upon its expiry.

Domain names can be registered and protected as trademarks so long as the domain name meets the requirements of a trademark under The Trade Marks Act 1999. Domain names as registered trademarks are protected at a universal level primarily by the organisation, Internet Corporation for Assigned Names and Numbers. Resultantly, in case of any abusive registrations or infringing use, an individual shall have the option to file a domain name dispute complaint under the Uniform Domain Name Dispute Resolution Policy (at an international level) or under the .IN Domain Name Dispute Resolution Policy (at a national level).

A Domain Name Dispute may arise when there is infringing, conflicting and/or unauthorised use of a domain name on part of an individual. In order to successfully establish a domain name dispute the complainant is required to satisfy the following aspects:

(a) the Registrant's domain name is identical and/or confusingly similar to a name, trademark or service mark in which the Complainant has rights; and

(b) the Registrant has no rights or legitimate interests in respect of the domain name; and

(c) the Registrant's domain name has been registered or is being used in bad faith

A complaint can be filed either under the Uniform Domain Name Dispute Resolution Policy (UNDRP) or .IN Domain Name Dispute Resolution Policy (INDRP). As per the UDRP provisions , the complainant is required to submit the complaint in the prescribed format

along with the evidencing documents and prescribed fee to the email address domain.disputes@wipo.int. Additionally the Complainant may also complete and submit directly online to the Centre an electronic form of the model Complaint.

Under INDRP, the complaint is required to submit all the relevant documents along with the complaint to National Internet Exchange of India (NIXI) in an electronic form along with the specified fee.

As the internet is not restricted by any borders or boundaries, it can very well be the case that a domain name infringement has occurred from a different country especially due to global presence of the companies. In such a case, the person can use the UDRP which is standard and uniform across the world unlike national laws which can be diverse.

· Cybersquatting: Domain Parking is when an individual registers a domain name with no intention to carry out any legitimate commercial or non-commercial exercise. It is commonly done by registrants in order to sell the domain name further to its authorised user at exorbitant rates.

· Linking & Framing: Linking & Framing is when a user clicks on a text hyperlink and it takes them to a different website similar to a well-known company to deceit the consumers.

· Meta Tagging: in simpler words using words and tags to manipulate search engines into displaying your website. They work similar to Hashtags used on social media websites to increase visibility

The Domain Name Disputes can be resolved using various mechanisms. Proceedings before the Uniform Domain Name Dispute Resolution Policy (UNDRP) or .IN Domain Name Dispute Resolution Policy (INDRP) are governed by arbitral proceedings. The former provides for the complainant to choose the arbitrator from a list of providers whereas in the case of the latter, the arbitration proceedings are conducted under the provisions of the Arbitration and Conciliation Act, 1996. Alternatively, the complainant can also resort to civil remedies. If the complaint is filed with civil court it shall be dealt under the Trade Marks Act, 1999 and the proceedings shall be conducted in accordance with the Civil Procedure Code, 1908. Moreover, the complainant can settle the dispute outside the court as well. Evidently, the complainants are free to choose the mechanism to resolve.

We are an extension of your in-house legal team

The client’s satisfaction is evident from years of their association with us, more than a decade for a lot of them. We act as an extension of in-house legal teams and act as External Legal Counsel to you. Our efforts are towards being strategic partners in your growth and not to be just a law firm.

Contact us