80 Domain Name Disputes And Trademark Law India Update

There is a distinction between a trademark and a domain name.

Domain name disputes and trademark law india. Trademark is one of the elements of intellectual property right and is represented by the symbol tm or. Domain name corresponds to various ip internet protocol numbers which connect various computers and enable direct network routing system to direct data requests to the correct addressee. This is the column of praveen dalal managing partner of new delhi based ip and ict law firm perry4law praveen dalal is the leading techno legal expert of india and is a panelist at many national and international forums like ficci wipo arbitration and mediation centre etc this is his seminal work on domain name protection in india that has been the most widely quoted and circulated research.

Cybersquatting and domain name disputes both are covered under trademark law. The aim of this article is to analyse the protection available to domain name holders under the laws of india. The domain name registrars duly authorized by the icann operate a dispute resolution procedure under the udndr policy for the purposes of providing efficient and rigorous remedy against bad faith and abusive registration of domain names which violate the trademark rights of the complainants.

India should become more involved in icann s ambition and guide india in becoming a virtually reliable country. Indrp in domain name dispute resolution policy in india. With the globalization and commercialization of the internet domain names have taken on a new significance as business identifiers.

The article further explores how the protection provided by the indian laws is strongest in the world. Trade mark law in india its violation. As far as proceedings for domain name dispute is concerned it is very difficult and cumbersome to ascertain the jurisdiction as internet is a global medium.

However domain names may be considered trademarks based on use and brand reputation. These are certain ways a domain name dispute can be resolved effectively. Trademark disputes over domain names.

The information technology act 2000 it act which addresses many cybercrimes oddly ignores the problem of domain name disputes and cybersquatting. Dispute with regards to trademark can be easily settled because there are no jurisdiction issues but domain name disputes are hard to settle because internet has no boundaries. Dispute resolution under the uniform domain name disputes.