Domain Name Disputes And Trademark Law India

To better the system against domain name disputes the government should play an active role and must take interest in the gac. India should become more involved in icann s ambition and guide india in becoming a virtually reliable country.

Lecture On Domain Name Dispute Resolution Youtube

Trademark is one of the elements of intellectual property right and is represented by the symbol tm or.

Domain name disputes and trademark law india. Trademark can refer to or relate to a specific category of a product or product line but domain names are not provided for every single product offered by a company. 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. The conflict between various issue regarding domain name disputes and legal protection needs to be properly addressed so as to strike a balance between the rights of the trademark holders and the rights of the public to use the words in the english language in legitimate ways as ably reflected in domain name dispute of business in where the.

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. In india no legislation explicitly describes cybersquatting or other domain name disputes. Indrp in domain name dispute resolution policy in india.

However domain names may be considered trademarks based on use and brand reputation. The information technology act 2000 it act which addresses many cybercrimes oddly ignores the problem of domain name disputes and cybersquatting. A proceeding will have to be initiated in every country where country code top level domain cctld is registered.

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. Cybersquatting and domain name disputes both are covered under trademark law. 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.

Trademark disputes over domain names. Trade mark law in india its violation. The aim of this article is to analyse the protection available to domain name holders under the laws of india.

With the globalization and commercialization of the internet domain names have taken on a new significance as business identifiers. Dispute resolution under the uniform domain name disputes. These are certain ways a domain name dispute can be resolved effectively.

There is a distinction between a trademark and a domain name. 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. The article further explores how the protection provided by the indian laws is strongest in the world.

Recent Trends In Domain Name Disputes Arbitration A Kfcri Sector Specific Webinar Series 06 09 2020 The Indian Lawyer