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Domain Name Law India

Guest post by: Kaviraj Singh

Article Overview: Domain names can be termed as the addresses of computers connected to the internet. Each server permanently connected to the internet has a unique identification numbers called the "internet protocol address". The numeric IP address system has been overlaid with a system of easily remembered mnemonic "domain names". A domain name is a name associated with a particular computer online. Domain names are looked up on name servers in the DNS hierarchy to resolve them to numerical IP addresses.

Domain Name Law India



Domain names can be termed as the addresses of computers connected to the internet. Each server permanently connected to the internet has a unique identification numbers called the "internet protocol address". The numeric IP address system has been overlaid with a system of easily remembered mnemonic "domain names". A domain name is a name associated with a particular computer online. Domain names are looked up on name servers in the DNS hierarchy to resolve them to numerical IP addresses.

The domain name system (DNS) stores and associates many types of information with domain names, but most importantly, it translates domain names (computer hostnames) to IP addresses. It also lists mail exchange servers accepting e-mail for each domain. In providing a worldwide keyword-based redirection service, DNS is an essential component of contemporary Internet use.

The domain name system is essentially a global addressing system. It is the way that domain names are located and translated into Internet Protocol (IP) addresses, and vice versa. A domain name such as wipo.int is a unique alias for an IP address (a number), which is an actual physical point on the Internet.

Domains that are the same as those of trademarks, corporate names and celebrities - have been a major point of contention across the globe. While it has become very popular to register, use and sell domain names, it generally is not permissible to own, sell or use a domain name, which contains a trademark owned by another person or company. Trademark infringement usually involves using someone's trademark on a good or service in a way that may lead to confusion as to the source or affiliation of the goods or services. For example, if you are not the Nike company or authorised by it, it is an infringement to sell sports clothes called "Nikestuff." The same applies to domain names. If you operate a website using a domain name that contains someone else's trademark, people seeing that domain name and/or going to your site are likely to be confused that your site is affiliated with Nike when it is not. People may also mistakenly log on to a Web site thinking it's connected with the other company, only to find out that it is not. Domain names that may be considered infringing also include intentional misspellings or confusingly similar names.

In popular terms, Cyber squatting is the term most frequently used to describe the deliberate, bad faith abusive registration of domain name in violation of rights in trade marks and service marks. But, the term has different meanings to different people. Some people, for example, include Warehousing or the practice of registering a collection of domain names corresponding to trade marks with the intention of selling the registrations to the owners of the trade marks, within the notion of Cyber squatting, while others distinguish between the two terms.

The registration of a domain name shall be considered to be abusive when it is deceptively similar, misleading, used in bad faith, no legitimate right, domain name is registrered to disrupt the business of competitor.

The most effective mode of securing interest in a particular mark or domain is to obtain a registration of trademark. A registered trademark is a prima facie proof of ownership of the mark or trade name and affords good evidence in an action for infringement or for eviction brought by the owner. In a recent case, Delhi High Court granted relief to proprietors of Tanishq even where the trademark application was pending. Therefore, you must register your brand to protect your intellectual property.

A remarkable step towards redressal of domain name related disputes has been the policy of ICANN (Internet Corporation for Assigned Names and Numbers). ICANN is a non-profit organization responsible for IP address space allocation, protocol assignment and DNS management. ICANN policy contemplates dispute resolution using on-line arbitration by National Arbitration Forum or WIPO (World Intellectual Property Organisation) Arbitration and Mediation Centre. The whole process takes about 45 days and is conducted on-line. The expenses involved are about US $1000, which is a fraction of what litigation in regular courts may cost. WIPO has been instrumental in securing Benette Coleman the eviction of domain squatters from thetimesofindia.com and theeconomictimes.com, which were deceptively similar to their brands of newspapers.

Incorporated and headquartered in California, ICANN is a non-profit corporation structured to make decisions on the basis of internet community consensus. The ICANN is a private sector initiative to assume responsibility for overseeing the technical coordination of the Domain Name System (DNS). It has overall responsibility for managing the DNS. It controls the root domain, delegating control over each top-level domain to a domain name registry. For ccTLDs, the domain registry is typically controlled by the government of that country. ICANN has a consultation role in these domain registries but is in no position to regulate the terms and conditions of how a domain name is allocated or who allocates it in each of these country level domain registries. On the other hand, generic top-level domains (gTLDs) are governed directly under ICANN which means all terms and conditions are defined by ICANN with the cooperation of the gTLD registries. The policy will result in an administrative decision that is final by its terms, rather than in suspension of a domain name pending outside resolution. (However, an ICANN administrative decision is final only if neither of the parties brings an action in court.)

The ICANN policy forbids registration of a domain name if (1) the domain name is identical or confusingly similar to another's trademark, (2) the entity registering the domain name has no legitimate right to it, or (3) the domain name was registered and used in bad faith.

Disputes under the ICANN rules are referred to a one- or three-member administrative panel that decides the dispute promptly and publishes the decision. The administrative decision is final and binding on the registries and registrars subject to ICANN control, but it can be superseded by court action. The proceeding is intended to be fast and inexpensive, to be conducted by e-mail with no personal appearances, and to require minimal production of documents (unless voluntarily offered by the parties or requested by the panel). The policy also offers some protection to the domain-name holder, who may have legitimate rights to a domain name. The policy permits the panel to rule that the complaint was brought in bad faith to "reverse hijack" the domain name or to harass the domain-name holder. Relief for such conduct is limited to a declaration of abuse of the administrative proceeding. The first dispute under the ICANN policy was decided on January 14, 2000, and has been published by the World Intellectual Property Organization (WIPO), which provided the single panelist. In World Wrestling Federation Entertainment, Inc. v. Michael Bosman, the domain name at issue-"worldwrestlingfederation.com"- was registered by Bosman through an Australian domain-name registrar. The panel found bad faith under the relevant factors in light of Bosman's own statement that his primary purpose in registering the domain name was to sell it to the WWF. Although Bosman had not established a Web site under the disputed domain name, the panel found "use" in Bosman's offer to sell the domain name to the WWF. The decision required transfer of the domain-name registration to the WWF.

One limitation on the usefulness of the ICANN policy is that it is a hybrid of mediation and arbitration. By the terms of the policy, neither party to a proceeding is barred, at any time, from resort to litigation in any court of competent jurisdiction. Any final judgment by such a court will supersede any ruling by an ICANN dispute-resolution service provider.

There is no clear provision for handling of domain name issues in IT Act, 2000. They are presently covered by legal norms applicable to intellectual properties such as trademarks. However improvements needed remain that the act needs amendment for handling domain name issues and related concerns such as cyber squatting

It is expected that the Indian Govt. must come out with domain name specific legislation to curb and prevent menace of cyber squatting like USA which has enacted a specific legislation to deal with cyber squatters and would place civil and criminal penalties on those who violates law like Anti- cyber squatting Act of USA which allows the plaintiffs to recover damages of US $1,000 to $100,000 per domain name. Such a change will not only give teeth to law enforcement agencies but also put a fear in the heart of prospective cyber squatters.

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Article Tags: cyber law india, domain names law india, information technology, IT law, kaviraj, lawyer delhi, trustman



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URL change - Hi The AnonymousMan, When one has a Domain Name ie URL, I understand, it is not possible to change it. One has to take out a complete new Domain. Is that correct? However, if you can change it, how can you do it? Kindest Regards, Beat "Unlock People's Potentials!"
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