40 Domain Name Disputes In India New

The disputes involving registration in area name are resolved as in keeping with indrp rules.

Domain name disputes in india. It is pertinent to note that domain name dispute doesn t fall under trade and merchandise marks act 1958 or the information technology act 2000 of india. 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. Whirlpool corporation 1996 5 scc 714 it had been held that a man may not sell his own goods under the pretence that they are the goods of another man.

A domain name dispute concerning the country code tld cctld name for india in is governed by the in dispute resolution policy indrp and is overseen by the national internet exchange of india nixi. Endurance domain and ors. A proceeding will have to be initiated in every country where country code top level domain cctld is registered.

The dispute of domain name is a conflict which arises when more than one individual or group believe that they have the right to register a particular domain name. While the indrp and the udrp follow similar procedures the indrp remains unique and is distinct from the udrp. Most frequently a domain name dispute would arise when a domain name comparable to a registered trademark is registered by an individual or association who is not the trademark holder.

India and domain name dispute resolution the cctlds category is specific and distinct from the gtlds and correlate to the names of specific countries and territories. Indrp in domain name dispute resolution policy in india. The order dated june 12 in hindustan unilever v.

The information technology act 2000 it act which addresses many cybercrimes oddly ignores the problem of domain name disputes and cybersquatting. Various corporations today not only register their trade name and their core brands as gtlds but also as cctlds in select countries where they see future business potential. In india the indian dispute resolution policy indrp offers with domain names registered in internet registry.

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. In an interesting and important order and judgement delivered by justice gautam patel the bombay high court has shed some clarity on the nature of reliefs applicable in domain name cybersquatting disputes disputes relating to the wrongful or fraudulent use of trademarks as domain names. Cybersquatting and domain name disputes both are covered under trademark law.