Domain names are simply the addresses of the Internet. Electronic-mail is sent and web pages are found through the use of domain names. Without the domain name, a computer would have no idea where to look for a web page, and e-mail routers would not be able to send e-mail. Of course, domain names are more than just addresses, since they can be selected by the "addressee" and are usually closely associated with a particular service or product.
An exclusive right to use a domain name may be created by registering the domain name as a trademark owned by the enterprise. Domain Names can be registered as a Trademark in India under the Trademark Act, 1999. The domain names are neither automatically eligible nor ineligible for registration as a trademark. As no special provision is found for the same in the legislation, the normal requirements for registration of trademarks shall apply. Since the domain name has no distinctive character, the applicant may also be required to demonstrate that the particular domain name has acquired a distinctive character as a trademark.
Introduction of .IN Dispute Resolution Policy (INDRP) in line with the Uniform Dispute Resolution Policy (UDRP) of WIPO (World Intellectual Property Organization and numerous complaints are being filed with the National Internet Exchange of India (NIXI) seeking cancellation/transfer of infringing Domain Names through Arbitration.
What we do ?
- Legal advice on infringement of Domain names, passing off or any kind of unfair competition.
- Preparation of domain name complaints, prosecuting domain name complaints under the UDRP before the WIPO and under the INDRP before the National Internet Exchange of India (NiXi) as well as domestic courts.
