Embed Size (px)
DESCRIPTION
accuprosys provides best ip domain name dispute services
Citation preview
Domain Name Dispute
Resolution in India
Kinds of domain name disputes and procedure for dispute resolution
1Accuprosys.com
The first step a company takes towards establishing its presence in cyberspace is the selection of a domain name.
Accuprosys.com 2
Owning a website with
the right domain name is integral to a company’s
online branding strategy.
O 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.
Accuprosys.com 3
Domain name disputes are now a common
phenomenon.
Accuprosys.com 4
O 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.
O Sometimes, individuals also bank on the fame of other websites by using similar sounding domain names for their own websites.
A popular instance of
domain name disputes
in India is that of Yahoo Inc. (the
plaintiff) vs. Aakash Arora & Anr. (the
defendant).
O 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 yahoo’s trademark.
Accuprosys.com 5
The Importance of Preventing Domain
Name Theft
Accuprosys.com 6
Companies and trademark holders have a moral obligation of not only
protecting their brands but also preventing their misuse.
O Suing someone for domain name theft is a duty more so because consumers are the ultimate victims.
Accuprosys.com 7
If 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.
Accuprosys.com 8
Types of Domain Name Disputes
Accuprosys.com 9
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) governs domain name disputes concerning generic top-level domain (gTLD)
names.
Accuprosys.com 10
O Such disputes are catered to by an Internet Corporation for Assigned Names and Numbers (ICANN) accredited dispute resolution service provider.
O 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).
Generic Top-Level Domain (gTLD) Name Dispute
Resolution
Accuprosys.com 11
gTLDs include .com, .net and .org.
Accuprosys.com 12
O 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).
A complainant seeking cancellation or transfer of a disputable domain
name under UDRP policy is required to establish that:
O 1. The domain name under dispute is deceptively similar or identical to his trademark
O 2. The current holder of the domain name has no legitimate interests or rights with respect to that domain name
O 3. The registration and use of the domain name by the present owner is in bad faith.
Accuprosys.com 13
Country Code TLD (ccTLD) Name (.in) Dispute Resolution
Accuprosys.com 14
A 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:O 1. The domain name under dispute is
deceptively similar or identical to his trademark
O 2. The current holder of the domain name has no legitimate interests or rights with respect to that domain name
O 3. The registration and use of the domain name by the present owner is in bad faith.
Accuprosys.com 15
Dispute Resolution Procedure for ‘.in’
Domains
Accuprosys.com 16
O 1. The complainant first has to file a complaint with the .IN Registry upon paying a certain fee.
O 2. He can ask for a transfer of the domain name registration to himself or cancellation of the domain name.
O 3. An Arbitrator is appointed by the .IN Registry from a list of arbitrators published at www.registry.in.
O 4. The arbitration proceedings are carried out by the Arbitrator in accordance with the IDRP Policy and Rules and the Arbitration & Conciliation Act 1996.
Accuprosys.com 17
O 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.
O 6. The complaint is resolved by the Arbitrator as per applicable policies. The decision is then published on the internet.
Accuprosys.com 18
Centre for Innovation and Entrepreneurship
C-4, IIT-H Foundation, Gachibowli, Hyderabad
9618402751, 9000600247
Reach us at:[email protected] [email protected]
For more details, please visit: www.accuprosys.com
Accuprosys.com 19
