Meaning and Importance of Domain Names

Internet addressing system

A domain name is the textual representation of an IP address that makes it easier for users to navigate the internet. It functions as the unique address of a website, typically in the format: www.example.com.

The Domain Name System (DNS) translates domain names into IP addresses, facilitating communication between web browsers and servers. DNS is managed globally by ICANN (Internet Corporation for Assigned Names and Numbers).

Structure of a Domain Name:

• Top-Level Domain (TLD): e.g., .com, .org, .in
• Second-Level Domain: e.g., ‘example’ in www.example.com
• Subdomain (optional): e.g., ‘blog’ in blog.example.com

Link to trademarks and business identity

Domain names are closely associated with brand identity and goodwill on the internet. Many businesses use domain names that reflect their trademarks or company names.

Legal Significance: Domain names may qualify as intellectual property if they are associated with a brand. Unauthorized or malicious registration of such names may constitute trademark infringement or unfair competition.

Example: Registering www.tataelectronics.in without being affiliated with Tata Sons may violate the trademark rights of the Tata Group.

Types of Domain Name Disputes

Cybersquatting

Cybersquatting refers to the act of registering domain names identical or deceptively similar to well-known trademarks with the intention of selling them to the rightful owner at a profit.

Example: Registering www.reliancemobile.net and offering to sell it to Reliance Communications.

Legal Remedy: The rightful owner may initiate proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) or file a suit for trademark infringement.

Typosquatting

Typosquatting involves the registration of domain names that are misspellings or typographical variants of popular domain names to divert web traffic.

Example: Registering www.goggle.com to target traffic meant for www.google.com.

This is done to mislead users or expose them to malware, phishing, or unwanted ads, and it is considered malicious conduct under both trademark law and cybercrime regulations.

Reverse Domain Name Hijacking

Reverse domain name hijacking occurs when a trademark holder attempts to wrongfully claim ownership of a domain name from someone who registered it in good faith.

Such cases often involve misuse of the dispute resolution process to pressure the original registrant into surrendering a legitimately acquired domain name.

Example: A startup legitimately registering greenplanet.org and later facing a baseless claim by a large corporation with a similar brand.

Trademark Infringement through Domain Names

Using a domain name that is identical or deceptively similar to a registered trademark without authorization amounts to trademark infringement. This includes:

• Using such domain to host competing services
• Using the domain to defame the original brand
• Creating confusion in the minds of consumers

Legal Remedies:

• Filing a complaint under the UDRP or INDRP (for .in domains)
• Filing a suit under the Trade Marks Act, 1999
• Seeking relief under Section 75 of the IT Act, 2000 for jurisdiction in cases involving Indian systems

Uniform Domain Name Dispute Resolution Policy (UDRP)

Administrative process administered by ICANN-accredited providers

The UDRP is an administrative dispute resolution policy adopted by ICANN (Internet Corporation for Assigned Names and Numbers) to resolve conflicts relating to generic Top-Level Domain (gTLD) names like .com, .net, .org, etc.

UDRP proceedings are conducted by accredited dispute resolution service providers, such as:

• World Intellectual Property Organization (WIPO)
• Asian Domain Name Dispute Resolution Centre (ADNDRC)
• National Arbitration Forum (NAF)

It is a non-judicial, fast, and cost-effective method for resolving domain name disputes.

Grounds for complaint

To succeed in a UDRP complaint, the complainant must prove all three of the following:

1. The disputed domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
2. The registrant has no rights or legitimate interests in respect of the domain name.
3. The domain name was registered and is being used in bad faith.

Example: If someone registers www.tatapharma.com to divert traffic from Tata Pharmaceuticals and offers to sell the domain to Tata for profit, it satisfies all 3 criteria.

Remedies: The primary remedy is cancellation or transfer of the domain name. There is no monetary compensation under UDRP.

Indian Domain Name Dispute Resolution Policy (INDRP)

Developed by NIXI

INDRP is India’s equivalent of UDRP, formulated by the National Internet Exchange of India (NIXI) to resolve disputes involving .in domain names.

The policy is binding on all registrants of .in domains. INDRP proceedings are governed by the Arbitration and Conciliation Act, 1996 and handled by arbitrators appointed by NIXI.

Grounds for complaint under INDRP:

1. Complainant has rights in the name/trademark.
2. Disputed domain is identical or confusingly similar.
3. Registrant has no legitimate interest or right.
4. Domain was registered or used in bad faith.

Remedies: The arbitrator may order cancellation or transfer of the domain name. INDRP is more localized than UDRP, keeping in view Indian law and context.

Legal Remedies

Filing a suit for trademark infringement and passing off

If a domain name violates the rights of a registered or well-known trademark, the trademark owner can initiate a civil suit under the Trade Marks Act, 1999 for:

• Infringement – if the trademark is registered
• Passing off – even if unregistered, based on goodwill and misrepresentation

Remedies include:

• Injunction to stop use of the domain
• Damages or account of profits
• Transfer or cancellation of domain

Section 75 of IT Act for jurisdictional aspects

Section 75 of the Information Technology Act, 2000 extends the applicability of the Act to any offence or contravention committed outside India if it involves a computer, computer system, or network located in India.

In cases of domain name disputes involving foreign registrants or servers located outside India, Section 75 helps assert Indian jurisdiction to protect rights of Indian trademark holders.

Example: If a US-based person registers www.licindia.in, Indian authorities can claim jurisdiction under Section 75 since LIC and its systems operate in India.