You are on page 1of 35

AMITY LAW SCHOOL, NOIDA

Domain Names With Reference to Trademarks

(Issues and Challenges)

Submitted By : Prashant Verma


Subject : Intellectual Property Rights: General Principles
Enrollment Number: A03104421085
LL.M (IP LAWS)

Submitted To – Prof. Dr. Juliee Sharma


ACKNOWLEDGEMENT

It is my privilege to express my gratitude & sincere thanks to AMITY LAW SCHOOL,NOIDA


for giving me such opportunity to undergo this Project Work on the topic “Domain Names With
Reference to Trademarks – Issues and Challenges”.

I hereby express my sincere thanks to my guide Prof. Juliee Sharma, my parents for supporting
me and motivating me to continuously work hard from the inception till the successful
completion of the project.

I sincerely acknowledge the supportive efforts of my friend for extending his valuable guidance,
support for literature, critical reviews of researches and above all the moral support he had
provided to me at all stages of this Project work.

LL.M. (IP LAWS)

ENROLLMENT NO. A03104421085

2
Table of Contents

S No. Page No.

1 Introduction 6

2 What is a Trademark? 7

3 Importance of Trademark 9

4 Significance of Branding - Trademarks and Domain Names 12

5 What is Domain Name? 14

6 Domain Name System (DNS) 16

7 Internationalized Domain Names (IDNs) 17

8 Why IDN (Internationalized Domain Names)? 17

9 Trademark vs Domain Name 19

10 Classification of Domain Name 20

11 Domain Name Registration and Assignment Process in India 21

12 Application Processing Procedure - INRegistry 21

13 Domain Name – Anti-Abuse Policy in India 23

14 Disputes in Relation to Domain Names 25

15 .IN Domain Name Dispute Resolution Policy (INDRP) 26

16 WIPO (World Intellectual Property Organisation) 27

17 UDRP (Uniform Domain Name Dispute Resolution Policy) 27

18 ICANN 28

3
19 Suggestions and Conclusions 30

20 Bibliography 32

ABSTRACT

Research Questions:

 What are some issues dealing with domain names?

 How is a domain name related to trademark?

 Can a domain name violate a trademark?

OBJECTVE

The objective of this research paper is to figure out the domain name and it’s relevance in IPR,
The Internet Domain Names have now become much more than mere representing the websites
of different companies on the Internet. Today, in this age of well-developed information
technology and worldwide businesses through Internet, these domain names have attained the
status of being business identifiers and promoters. Since the commercial activities on the Internet
are to go on increasing day by day, the importance and usefulness of domain names too, are to be
enhanced for the purposes of greater publicity, popularity, and profitability of businesses in all
economic sectors. This research paper is to see all the aspects and relation of Domian names
challenges and issued faced by them with respect to trademark.

ANALYSIS OF PAPER

Through reading the above article, it is quite clear that importance of internet domain names has
now increased manifold, both in connection with internet communication and business &
commerce on the internet. As the internet is fast becoming an immensely popular and highly
preferred platform for accelerated flow of business related information of all types, by people
and entities in all economic fields, there is an imperative need for getting proper protection to the
unique domain names, like trademarks and service marks. This increasingly desirable protection
to the internet domain names as trademarks, is now quite achievable under the auspices of the
ICANN and the WIPO. However, for the best possible, efficient, and rigorous protection of

4
domain names at the level global, close harmonization of the trademark laws of individual
countries worldwide, is also highly desirable.

Introduction
India and the world is growing at a dynamic pace. The aspects can be manifolds, such as
industrialization, globalization and many more. One of the major aspects of this sudden rise of
growth is communication. Communication among individuals, groups, nations have developed,
improved and has been enhanced to a much more advanced level. The various mediums through
which individuals communicate such as traditional messaging, social media apps are path
breaking, if we compare with the earlier times.

People have started using communication as a tool to express themselves, conservatively and
globally. The Internet is one such amazing medium, which has revolutionized the way of
conducting businesses, coupled with interaction with individuals in India and the world to the
point that now groceries and perishable goods are being sold online.1

The concern today is, even though the internet not limited by geographical boundaries is
subjected to issues pertaining to trademarks and domain names at large. The worrying factor is
these instances are growing on a daily basis and see no end in the near future. The emergence of
online media as a source of communication has led to rapid development in terms of revenue and
exposure to other countries, leading to expansion of the trade market at large.

The internet on the other hand also is one of the finest platforms for the evil minded to infringe
upon the rights and ideas of other individuals to commit fraud. In today’s context, i.e. the internet
era, the identity of a brand or a trade name is, to be specific is its Domain Name. The Domain
Name in itself acts in the capacity of intellectual property. The common practice in parlance to
domain name is to show a duped identity of a true owner and to charge a higher price for the
same. Thus, the legitimate individual being at loss. One another concern is the reporting ability
of the cyber-squatting incidents. Most of the times, the real owner is unaware of the fact that
his/her business identity is being compromised with or being churned out for illegitimate profits.

1 Domain Name Registration in India from A Trademark Law Perspective – 7 Things,


https://www.sevenelementz.com/2015/12/25/domain-name-registration-in-india-from-a-trademark-law-perspective-
7-things/

5
In general if we see, globally, there are approximately 60 million Internet domain names
registered. 2 Of these, about 40 million are in generic top level domain (gtld) category, while the
remaining 20 million are in country code top level domain (cctld) category.

Though the Domain Name System exists, for curbing the menace created by ‘domain thief/s’,
there is a lot to be done in this regard. With the advancement in technological means for better
growth, development and prosperity in the virtual sphere, the negative aspects and factors have
also prospered simultaneously. With slow and gradual shift in the consumer choices and the
product/service buying strategy of the customers, there exists a strong need to devise a domain
name plan.

What is Trademark?

"A trademark is any sign that individualizes the goods of a given enterprise and distinguishes
them from the goods of its competitors." 3 The term ‘trademark’ in simple terms refers to an
identical mark of a trade setup, dealing in goods or services, eligible to be distinguished by the
potential prospective customers in its nature, identity, and features.

The Trademark Act of 1999, talks about the ingredients of a trademark:

"trade mark" means a mark capable of being represented graphically and which is capable of
distinguishing the goods or services of one person from choose of others and may include shape
of goods, their packaging and combination of colors , and in relation to Chapter XII (other than
section 107), a registered trade mark or mark used in relation to goods or services for the
purpose of indicating or so as to indicate a connection in the course of trade between the goods
or services, as the case may be, and some person having the right as proprietor to use the mark,
and in relation to other provisions of this Act, a mark used or proposed to be used in relation to
goods or services for the purpose of indicating or so to indicate to a connection in the course of
trade between the goods or services, as the case may be, and some person having the right,
either as proprietor or by way of permitted user, to use the mark whether with or without any
2 https://www.registry.in/system/files/inpolicy_0.pdf, .IN INTERNET DOMAIN NAME Policy Framework &
Implementation
3INTRODUCTION TO TRADEMARK LAW & PRACTICE - THE BASIC CONCEPTS - A WIPO TRAINING
MANUAL (2nd Edition), 1993 https://www.wipo.int/edocs/pubdocs/en/wipo_pub_653.pdf

6
indication of the identity of that person, and includes a certification trade mark or collective
mark.4

The definition as given above has made its best attempt at addressing all the concerns concerning
the ambit of a trademark, though there isn’t a specific mention about the capability of the
individual, with reference to the competence of distinguishing between two or more identical or
similar trademarks. This if defined would have brought more clarity to the clause.

A trademark is a marketing tool for any business, product or service. It serves as the first stop
shop to any consumer, and helps them make an informed decision about purchasing the
product/service. A trademark can be described as the least available opportunity to make a
purchasing choice, with limited resources to check the brands’ authenticity. A distinctive
trademark allows a business to build public goodwill and brand reputation in the goods or
services it sells.5 Every brand, logo, picture tells a story, or conveys a message. It leaves a strong
image of its existence, be it positive or negative, in the minds of the individuals who see it.

Various Business Names and its trademarks are on purpose, twisted and presented in a unique
and creative way, in order to catch the viewers’ attention, irrespective of the fact that, the viewer
is eligible to be converted as a potential customer or not.

The registered proprietor of a trademark obtains the right to exclusively use the mark in respect
of his goods and services that serve to distinguish his products from those of his competitors in
trade, which enables the consumers to associate the goods/services they want to avail with a
distinctive mark.6 This exclusive right is his own, and gives the business an extra edge of benefit
in having it identified in the market. The unique portrayal of the brand separates it from the rest
of the crowd having similar nature/area of business.

4 Section 2(1)(zb) of Trademark Act, 1999


5 Trademark Basics – A Guide To Business, International Trademark Association
https://www.inta.org/Media/Documents/2012_TMBasicsBusiness.pdf
6 Chaddha and Chaddha Intellectual Property Firm, Domain name and Trademark Rights In India
https://www.lexology.com/library/detail.aspx?g=daaafca2-6a68-4134-bd29-27aa941a1f03

7
Importance of Trademark

Consumers’ purchasing decisions are influenced by trademarks and the reputation such brands
represent.7 It is important and plays a major role in depicting a brand in the market. Individuals
are very specific in their choices, when it comes to choosing a product/service. The purchase can
be for a daily use, luxury use, rough use etc. Hence, as a matter of fact the degree of brand
selection is equally kept in mind along with quality, utility, and resale of a product. The end
consumer, specifically in a market like India, is moderately adamant on having a different
viewing ratio to the purchase idea, i.e. High Quality, High Utility, and Lower Price Along with
which, todays’ purchaser is bound with time. A prudent, conscious buyer would not spend
his/her valuable time in selection on site, if he/she knows what to buy. Thus, a trademark is
helpful in terms of helping a customer not only make right and efficient choices, but also fast
choices, just by a pictorial representation, as per 2(1)(zb).

For Eg: In a busy street having branded car showrooms, a person willing to buy car of a pre-
determined moderate budget, won’t stand or wait in front of high end showrooms like AUDI,
BMW, MG, as he/she would know, just by looking at their LOGO’s that the car companies are at
a luxury end. Rather, he/she would prefer Hyundai, Tata Motors, Maruti Suzuki, being in the
middle segment of pricing. The mode of identification of a suitable brand catering the needs of
the buyer is through a TRADEMARK. Hence, a trademark, also helps in reducing the time
consumed to make a informed decision on the part of a customer.

1. Communication Medium – Trademarks help the brand communicate the business to


would-be customers. It can be described as an effective medium to inform the individuals
about the nature of business, type of products/services being sold, the degree of quality of
the products and services. This communication channel of representation helps the
customer reach the doorstep of the shop/outlet. The act of purchase is a secondary event
which juggles on a may or may not probability. Trademark helps the brand ‘virtually’
talk to the individual.

2. Trademark is a Prized Possession – The trademark is a identifying factor for a


customer. The image/representation if creative, attractive, helps the customer retain the

7 Abigail Rubinstin, 7 Reasons Why Trademarks Are Important to Your Business,


https://www.entrepreneur.com/article/235887

8
brand for a longer time. This leads to the business being known by the individual(s) in the
market through a separate degree of superlative behavior. Further, if the business meets
the expectations of the customer, then the trademark carries the business through WORD
of MOUTH PUBLICITY. The unique identity called trademark gives an exclusive place
in the minds of people associated with the business.

3. Mark of Identification – Many are the times, when individuals do not remember the
name of the business/shop/location, but have a logo, pictorial representation, images as a
source of identification, which if communicated leads to the correct desired place of
purchase. In India, a trademark not only helps to identify the business, but is also used as
a tool for giving directions to pedestrians, vehicle drivers.

4. Consumer and Business Protection - The ability of suing and being sued is fixed in
case of having a registered trademark. A registered trademark also acts as a shield to
frivolous claims of trademark infringement.

5. Stability – The existence of a trademark helps the business and its stakeholders to
continue the business related activities without hassle for a longer duration. The sense of
being legally safe and protected is the key to a stable and growing business model.

Trademarks are also used as a ways and means to protect consumers and the business owner at a
very broad level. When businesses are responsible for any products or services bearing their
trademark, they tend to take more pride and responsibility in their products, goods and services.
With an objective to maintain a good reputation, trademark oriented companies and
organizations will often work extensively harder to render quality based services. Trademarks
provide protection for both businesses and consumers, making them an important part of running
a successful company. 8

Usually people tend to get confused between two similar terms ie; Doing Business As (DBA)
and Trademark, Registering a Doing Business As (DBA) does protect a company's business

8Mark Brown, The Importance of Trademarks in Business, https://www.marcaria.com/ws/en/articles/the-


importance-of-trademarks-in-business

9
name but does not offer the same protection as a trademark. 9 Here the point of distinction is the
double protection being offered in case of trademark. DBA registration is just a mere means to
add authenticity to the brand name under which the goods, products, services is being offered.

Trademarks are brand identifiers.10 A trademark can also help you use social media and the
internet as a whole more effectively. Having customers enter your brand or registered business
name into social platforms such as Twitter, Facebook, Pinterest, LinkedIn, and Instagram helps
your overall SEO rankings and can bring more site visitors to your website and social media
pages.11 Also, in addition to this, the presence of a business in the digital media influences the
minds of the consumer to such an extent that they start considering the brand to be global,
legitimate, dependable, which further influences their buying decisions.

Significance of Branding - Trademarks and Domain Names

9 Importance of Trademarks: Everything You Need to Know, https://www.upcounsel.com/importance-of-


trademarks
10 Dana Griffin, Importance of Obtaining a Trademark for a Business, https://smallbusiness.chron.com/importance-
obtaining-trademark-business-529.html
11 Importance of Trademarks to Consumers, https://www.upcounsel.com/importance-of-trademarks-to-consumers

10
The brand logo is prominent in such a way that it helps distinguish product or company
from others (Wallace, 2001). The salient feature of brand itself is that through logo it is able to
differentiate itself from alternatives (Janiszewski & Meyvis, 2001; MacInnis, Shapiro &
Mani, 1999).

The image is not simply a trademark, design, slogan. It is a studiously crafted personality profile
of an institution, corporation, prouduct, service.12 The brands in and out or purchase
destinations , be it markets, malls, kirana stores, influences the buying behavior of the consumer.
The brand logo is prominent in such a way that it helps distinguish product or company from
others, the salient feature of brand itself is that through logo it is able to differentiate itself from
alternatives.13 The branding of a product helps the customer to make a decision regarding the
degree of superiority a product holds, in comparison to the other available products.

The brands help create a working identity for a product influencing consumers’ purchase
intention.14 In simple words, the brand of a particular product provides a stable positioning in the
minds of potential customers. Consumers view brand as a very important part of the product and
service, and brand adds value to that particular product or service. A brand is generally depicted
in terms of a logo containing all information connected with a product or service. 15 Brands have
become increasingly important components of culture and the economy, now being described as
―cultural accessories and personal philosophies.

12 Quote: Daniel J Boorstin


13 Subramanian, Kalyanaraman & Nizam, Ismail. (2015). The Importance of Brand Name in Consumer Decision
Making with Focus on CNC Machine Tool Industry in India. International Journal of Accounting and Business
Management.
https://www.researchgate.net/publication/316709905_The_Importance_of_Brand_Name_in_Consumer_Decision_
Making_with_Focus_on_CNC_Machine_Tool_Industry_in_India/citation/download
14 Aniket Sengupta, Brand Analyses of Global Brands Versus Local Brand in Indian Apparel Consumer Market,
https://uknowledge.uky.edu/cgi/viewcontent.cgi?article=1006&context=mat_etds
15 Hanna Bornmark, A Study to Indicate Brand Awareness in Brand Choice – A Cultural Perspective,
http://www.diva-portal.org/smash/get/diva2:229947/FULLTEXT01.pdf

11
For Eg: ‘Maggi’ as being a part of the FMCG (Fast Moving Consumer Goods) sector in India,
was earlier into only producing Noodles. Slowly and gradually as their product gained
momentum in the market, they started incurring huge profits. This led to horizontal
diversification of products ie; Maggi Pasta, Maggi Masala etc. Now, though Maggi Masala and
Maggi Pasta are not their core products, but with the brand name under which they are being
produced is helping these products mark their place in the market. As a company builds its
goodwill, the brand value often goes up.16  Hence, a brand with a registered trademark helps the
business grow in entirety.

Brand and Domain Names go hand-in-hand, the feature of connectivity should exist between a
domain name and a brand name. It helps the customer to identify the right place for his/her
purchase, according to their needs, namely budget, preferences. The process is a value addition
technique which projects the image of the product, the company and the country at large. 17 The
projection of a brand has a global impact. In other words, branding and marketing is the
subsequent step to a products appearance. The visual imaging of the brand coupled with
innovative representation attracts the attention of the masses, and so applies for digital branding
and marketing, with reference to domain names.

The Internet Domain Names have now become much more than mere representing the websites
of different companies on the Internet.18 The domain names end up being compromised with, or
copied to such an extent that the domain name ends up being not recognized by the customers as
a genuine one. This is a concerning drawback which is to be addressed, as these instances are
rapidly multiplying now. The tussle is now not only to represent the brand in the best possible
manner, but also to supersede other competitors as well with a view of superior image cementing
in the market and customers.

16 https://www.upcounsel.com/importance-of-trademarks
17 Sandeep Saxena , Challenges and Strategies of Global Branding In Indian Market, IOSR Journal of Business and
Management, ISSN: 2278-487X Volume 4, Issue 1 (Sep,-Oct. 2012), Pg 38,
https://pdfs.semanticscholar.org/a16c/b070e2f74ccc046b026f2c1ed2ad02da6d0e.pdf
18 Hemant Goel, Mohit Porewal, India: Protection Of Domain Name As A Trademark,
http://www.mondaq.com/india/x/327272/Trademark/Protection+of+Domain+Name+As+A+Trademark

12
A brand is a hallmark of authenticity and quality. It adds value by promising reliability and helps
to create repeat buying patterns.19 Brands that stand as the embodiment of purpose and values are
a magnetic force, keeping existing customers close and drawing new ones into the fold. Like
things attract. Shared values bring people and brands together, both internally and externally.20

What is Domain Name?

Domain names are the human-friendly forms of Internet addresses, and are commonly used to
find web sites.21 As every person has a name through which he/she is known, every house has a
number, similarly every website has an internet address, called as IP ie; internet protocol. This
IP helps locating a particular brand, business, trademark on the internet.

Domain names are simply the addresses of the Internet. 22 The internet in general contains a
galaxy of websites representing many organizations, institutions, businesses, offering varied
kinds of services. A domain name is part of a Uniform Resource Locator (“URL”), which is the
address of a site or document on the Internet. 23 It is humanly impossible to mug-up or memorize
each and every website. Hence, here the concept of domain name comes to the rescue. The
domain name is a combination or a mix of words, numbers arranged in a systematic manner so as
to be recognized by the viewer, and the IP in their own respective languages. The algorithmic
naming of brands by internet addresses is known as domain name.

19 Mridanish Jha , Effective Marketing Strategy For Branding A Commodity With Special Reference To Consumer
Goods, International Journal Of Social Science & Interdisciplinary Research, ISSN 2277-3630 IJSSIR, Vol. 3 (5),
MAY (2014), Https://Www.Iujharkhand.Edu.In/Article_By_Faculty/MJ%20(4).Pdf
20 OUTGROW, Interbrands Best Indian Brands 2017,
https://www.interbrand.com/wp-content/uploads/2017/11/Best-Indian-Brands-2017.pdf
21 For more information, visit WIPO’s FAQ Site, https://www.wipo.int/amc/en/center/faq/domains.html#1
22 Rohan Bagai, Akshat Hansaria, Trademark Disputes over Domain Names - ICANN Uniform Domain Name
Dispute Resolution Policy, http://www.legalserviceindia.com/articles/tdms.htm
23 Susan Anthony, What You Really Should Know About Trademarks & Domain Names,
https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_rs_ip_us_16/wipo_rs_ip_us_16_t01.pdf

13
The need of a domain name is very much on the rise for budding enterprises, who wish to
establish their name and identity in the virtual market. Domain investing is a niche market. 24
There exists a lot of hustle and bustle about a certain set of domain names, and that is because of
the high brand value it holds. A domain name is a string of typographic characters used to
describe the location of a specific location online. 25 A certain set of combination of words
constituting address (domain name) is marketed and sold at very high prices due to the demand
in the market by the domain name sellers around the globe. Some of the famous and well known
domain name sellers in India are Go Daddy, Hiox India, Big Rock, and Hosting Raja.

For those who are unable to acquire such domain names through the legal means, end up
resorting to fraudulent means, to gain access to the well known domain names. Though they
might route the web sites to a particular set of desired domain name, or simply end up resorting
to imitation, or unauthorized copying. Though the fraudsters do not have access to the actual
business/service of the genuine service user, but it is a sufficient means to befool and distract the
potential customers visiting a particular web address.

In Kremen v. Cohen26, the court set precedent holding that domain names are personal
property.27  Domain names are organized into domain levels. There are also national domains. 28
The level domain is assigned to a particular address for early and easy identification. The domain
levels may be geographical or based on nature of the institution, business or service being
provided. For eg: Org: Organization, Edu: Education, Net: Network, Com: Commercial. IN:
India, UK: United Kingdom, JP: Japan etc. The domain levels act as domain identifiers and
makes it easy to decode a domain name and trace a location of source where the products and
services is being offered, in case of need.

24 https://www.101domain.com/cdn-media//web_page/Cybersquatting_Whitepaper_and_Chart.pdf, The Threat of


Cybersquatting & Trademark Infringement in the Global Domain Economy
25 ibid
26 99 F .Supp .2d .1168
27 Landmark Domain Name Dispute Cases, https://hutchersonlaw.com/landmark-domain-name-dispute-cases/
28 Trademarks and Domain Names, http://scitechconnect.elsevier.com/wp-content/uploads/2013/09/Trademarks-
and-Domain-Names.pdf

14
Domain Name System (DNS)29

Imagine hardware talking over to the fellow machines. Not literally, but yes virtually. 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. A Domain Name System usually assists in translating the domain names into
their internet protocols, which is subsequently, in due course of time, synchronized and matched
by ICANN (Internet Corporation for Assigned Names and Numbers). Domain Name is a proxy
for a web address

The Domain Name System is based on a certain set of information being recognized, understood
and processed. The DNS usually recognizes Latin language based information (from A-Z) and
numerical (0-9). Recently, the American Standard Code for Information Interchange (ASCII)
introduced Non-Latin languages to be recognized by the DNS Servers. An Internationalized
Domain Name (or IDN) is a domain name that is available to an Internet user in a non-ASCII
character set, which when typed by a user in the form of URL in their local language, would then
be converted into an equivalent string of characters in the ASCII set. 30 For eg: www.google.co.in
being a web address, may be interpreted by the DNS server to be 120.239.5640.21.34. So, this is
what a DNS server does. It translates the alpha-numeric arrangement into machine language, ie
gives a numerical interpretation.

The DNS server helps retain clarity over domain names. It also leads to avoidance of overlapping
of domain names in due course. Every domain name being recognized by a certain
set/arrangement of numbers leads to systematic identification of web address through URL’s.
The best part being the numeric values are coded and decoded virtually, hence the chances of
tampering with it manually is minimal. A DNS server by parallel arrangement enhances the
security of a domain name by assigning it a numeric identity which cannot be tampered
manually, unless the server is hacked or compromised.

29 Frequently Asked Questions: Internet Domain Names, https://www.wipo.int/amc/en/center/faq/domains.html#1


30 JS Hatcher, The UDRP: A Guide for SMEs and Consumers on Domain Names and Domain Name Disputes ,
https://iipi.org/wp-content/uploads/2010/07/The_UDRP_-_A_Guide_for_SMEs.pdf

15
Internationalized Domain Names (IDNs)31

Internationalized Domain Names (IDNs) are domain names represented in local language
characters. Such domain names could contain letters or characters from non-ASCII scripts. In
India, the INRegistry is also responsible for registering IDN in Indian Languages.

Why IDN (Internationalized Domain Names)?32

● A very small proportion of the Indian population is English literate.

● IDN will be an enabler to increase the penetration of the Internet through the use of local
languages and help penetrate local content.

31 https://registry.in/Internationalized_Domain_Names_IDNs
32 https://www.registry.in/internationalized-domain-names-idns

16
Internationalized
Domain Name Script Languages Supported Generic Language Policies33
(IDN)

Hindi, Bodo(Boro),
.Bharat in
Dogri, Konkani, Maithili, Devanagari Language
.भारत Devanagari
Marathi, Nepali, and Policies34
Script
Sindhi-Devanagari

.Bharat in
Bengali & Manipuri Language
.ভারত Bengali Bengali and Manipuri
Policies35
Script

.Bharat in
.భారత్ Telugu Telugu Language Policies36
Telugu Script

.Bharat in
.ભારત Gujarati Gujarati Gujarati Language Policies37
Script

.Bharat in
. ‫بھارت‬ Arabic Script Urdu Urdu Language Policies38
Script

.Bharat in
.இந்தியா Tamil Tamil Language Policies39
Tamil Script

.Bharat in
Gurumukhi Language
.ਭਾਰਤ Gurumukhi Punjabi
33https://registry.in/system/files/ Policies40
POLICY_DOCUMENT_FOR_CREATION_OF_LANGUAGE_INFORMATION_FOR_INTERNATIONALISED
_DOMAIN_NAMES_IN_INDIAN_LANGUAGE.pdf
34 https://registry.in/system/files/DEVANAGARI.tar_.gz
35 https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-MANIPURI%28BENGALI
%29.pdf
36 https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-TELUGU.pdf
37 https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-GUJARATI.PDF
38 https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-URDU.PDF
39 https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-TAMIL.PDF

17
• All the registrants of .भारत IDNs will be bound by the IDN Terms and Conditions For
Registrants (PDF Format)41, which may be amended by .IN Registry from time to time. All the
registrars shall be required to include the “IDN Terms and Conditions for Registrants” into their
registration agreement with their registrants.

Trademark vs Domain Name42

Form: Domain Name must be Contextual in Form


Trademark may Consist of Words, Designs, Letters, Numerals, Colors, the
Shape of Goods or their Packaging etc.
Registration: Domain Name is Registrable if it is not Identical to a Previously
Registered Domain Name.
A Trade Mark may not be Registrable if it is Identical or Similar to a
Previously Registered Trade Mark.
Content: A Domain Name may describe the Characteristics of the Applied-for
Goods or Services
A Trade Mark which consists Exclusively of a Sign which Describes the
Characteristics of the applied-for Goods or Services may not be
Registrable.

40 https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-PUNJABI.pdf
41  https://registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants_3.pdf
42Differences Between Trade Marks and Domain Names,
https://www.ipd.gov.hk/eng/intellectual_property/trademarks/registry/
Main_differences_between_trademarks_and_domain_names-amended.pdf

18
Category: A Domain Name does not have to be registered in respect of a particular
Class of Goods or services.
A trade Mark shall be Registered in respect of the Class of Goods or
Services
Validity: A Domain Name is Valid for a Contract Period
A Registered Trade Mark is Valid for 10 years and can be Renewed for
Further Period of 10 years.
Dispute Resolution: For Domain Name, Mandatory Administrative and Legal Proceedings
For Trademark, Legal Proceedings may be Initiated before the Registrar of
Trade Marks

Classification of Domain Name

The Domain Name is divided and classified into various levels, namely Generic, Top, Second,
Third. This dissection of a domain name is for better understandability. The division of domain
names into various hierarchies displays the systematic order of arrangement of words
representing a set of business address. For Eg:

www.zalando.elecproducts.uk
The explanation of each of the domain levels are given below:43

1. Third Level Domain – The third level domain refers to the characters immediate
to the Second Level Domain. In the above eg; ‘zalando’ is the third level domain.

43 https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-Domain-Names.pdf

19
2. Second Level Domain – The Second Level Domain is to the immediate left of
the Top Level Domain. Most of the disputes with regards to domain names is
pertaining to the Second Level Domain. In the above eg; ‘elecproducts’ is the
second level domain.

3. Top Level Domain – The top level domain denotes the last part of the domain
name. Any terms of words after the last (.) in the domain, refers to the top level
domain. There are two classifications of top level domain, ie: Generic Top Level
Domain (gTLD) and Country Code Top Level Domain (ccTLD).

● The ‘gTLD’ is with reference to the nature of activity or


business of the domain owner. For Eg: ‘com’ denotes
commercial, ‘edu’ denotes education, ‘org’ denotes
organization.

● The ‘ccTLD’ refers to the country specific location of the


business. The ccTLD informs the geographical area a domain
name covers. For Eg: ‘nz’ refers to New Zealand ‘in’ refers to
India. In the above eg; ‘uk’ is the top level domain, ie; ccTLD.

Domain Name Registration and Assignment Process in India

The domain name registration in India is done via a government institution via www.registry.in.
The INRegistry has been created by NIXI, the National Internet eXchange of India. NIXI is a
Not-for-Profit Company under Section 25 of the Indian Companies Act, 1956, with the objective
of facilitating improved Internet services in the country.44 The INRegistry works as an
independent body with a whole sole objective of supervising and controlling the .IN ccTLD and
making sure that it’s secure and reliable. INRegistry does not carry out registrations itself. The
INRegistry appoints registrars which take up registrations on behalf of INRegistry.

The application process for entities who wish to acquire .IN accredited registrars status, will have
to follow the below process. Also, the applicant has to review the eligibility criteria, as in case an
application is made and if it does not qualify the requisits, the application is bound to be rejected.

44 https://www.registry.in/about/in-registry

20
The INRegistry also charges a one time accredation fee of Rs. 50,000/- before initiating the
domain name registration process.

Application Processing Procedure - INRegistry45

1. All information provided as part of your application is treated as highly confidential by


INRegistry

2. The application is deemed to be in-complete if it is missing information; on its face


contains misleading or false information; or is defective in any way.

3. If your application stands in-complete for any of the above reasons, INRegistry will
intimate the applicant by the registered e-mail id. He/she must provide any missing
information, correct any deficiencies, and complete your application within 10 working-
business days from the date the e-mail is sent, or the application will be rejected.

4. The application can be withdrawn by the applicant any time.

5. The Registry if in case of any requirement is under full authority to administer tests to
ascertain out your knowledge of .IN Policies and domain name operations.

6. After reviewing the application and conducting any necessary follow-up inquiries, the
Registry will inform the applicant by e-mail of its decision. If the application is declined,
the Registry will provide the applicant with reasons as to why the application was
unsuccessful.

7. Once the application has been approved, you must complete Step 2 (Business and Legal
Qualification, Step 3 (Technical Qualification), and Step 4 (Funding). Once all these
steps are complete, you will be accredited. The maximum time limit to complete the
entire process is 4 months from the date of application.

45 https://www.registry.in/Step%201%20Apply

21
8. Until the applicant is fully accredited and have been notified of such by the Registry,
he/she shall not:

● Act or hold oneself out as a .IN accredited registrar;

● Provide or offer to provide, or state or imply that he/she is authorized to


provide, any registrar services within .IN;

● Identify oneself as a .IN registrar or by any term suggesting similar reference,


or use directly or indirectly, in any manner whatsoever NIXI's or the
INRegistry's name or any trade or other identifying mark owned or used by
the registry.

9. The registry will announce the applicants name as an accredited registrar by publishing
the selected name on the list of accredited registrars on the Registry's Web site,
at www.getyourown.in. The registry shall also provide an official logo to signify that the
business or person is an accredited registrar. The logo can be displayed on the respective
Web site and on any printed materials that is provided to the customers regarding .IN.

Domain Name – Anti-Abuse Policy in India

The craze to acquire a eye catching domain name for one’s business identity is everyone’s wish.
Obviously, one domain name can be held by only one individual. Individuals tend to resort to
illegal and fraudulent means to acquire desired domain names.

Some of their usual ways is to threaten the legally registered domain name owner, or bully them
in order to capture or transfer their domain names. Bullying in one another way of harassing the
legally registered domain owner. In these cases one should approach the respective authorities
and report the matter for appropriate remedies and immediate action. Also, one should consider,
consulting a lawyer for a legal advice.

In India, the INRegistry (official portal for domain name registration) has an anti-abuse policy.
Malicious use of .IN domain names is usually not tolerated. As the nature of such abuses creates

22
security and stability issues for the registry, registrars, and registrants, as well as for users of the
Internet in general. 

Some of the illegal cases which are prevelant in the market with regard to illegal use/capture of
domain names are:46

● Illegal or fraudulent actions;

● Spam: The utilization of electronic informing frameworks to send spontaneous mass


messages. The term applies to email spam and comparative maltreatment, for example,
texting spam, portable informing spam, and the spamming of Web networks and Internet
mediums.

● Phishing: The use of counterfeit Web pages that are designed to trick recipients into
divulging sensitive personal data such as personally identifying information, usernames,
passwords, or financial data.

● Pharming: The re-directing of unknowing users to fraudulent sites or services, typically


through, but not limited to, DNS hijacking or poisoning.

● Willful Distribution of Malware: The dissemination of software designed to infiltrate or


damage a computer system without the owner's informed consent. Examples include,
without limitation, computer viruses, computer contaminant, worms, keyloggers, and
Trojans.

● Malicious Fast-Flux Hosting: Use of fast-flux techniques with a botnet to disguise the


location of web sites or other Internet services, or to avoid detection and mitigation
efforts, or to host illegal activities.

● Bot-Net Command and Control: Services run on a domain name that are used to
control a collection of compromised computers or "zombies," or to direct distributed
denial-of-service attacks (DDoS attacks).

● Publishing or Transmitting Child Pornography.

46For more information, see https://www.registry.in/Policies/in-anti-abuse-policy

23
● Illegal Access to Other Computers or Networks: Illegally accessing computers,
accounts, or networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking"). Also, any activity
that might be used as a precursor to an attempted system penetration (e.g. port scan,
stealth scan, or other information gathering activity).

NIXI in its full capacity has sole discretion to deny, cancel, or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar status, if it thinks fit :

1. To protect the integrity and stability of the registry;

2. To comply with any applicable laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process;

3. To avoid any liability, administrative, civil or criminal, on the part of NIXI, as well as its
affiliates, agents, subsidiaries, officers, directors, and employees;

4. As per the terms of the registration agreement and this Anti-Abuse Policy, or

5. To correct any mistakes made by NIXI or any registrar in connection with a domain
name registration. NIXI also reserves the right to place upon registry lock, hold, or
similar status a domain name during resolution of a dispute.

Any instance of abuse or misuse can be addressed to abuse@registry.in. The appropriate action
shall be taken in this regard, and the complainant can check the status of the same with the
authorities through the same medium.

Disputes in Relation to Domain Names

Domain names are assets, crucially important to the very DNA of a brand.47

Cyber Squatting – Squatting refers to acquiring or occupying a land or a property. The term
cyber-squatting is the art of identifying popular trademarks and domain names, and fraudulently

47 The Threat of Cyber Squatting & Trademark Infringement in the Global Domain Economy,
https://www.101domain.com/cdn-media//web_page/Cybersquatting_Whitepaper_and_Chart.pdf

24
purchasing it and selling it to the legally registered owner for large sum of money.48 It is a bad
faith based registration of trademarks on a ‘first come first serve’ basis. The act of cyber-
squatting is committed by third parties with an internt to defraud the real owner of a particular
trade mark. The cyber-squatter ends up selling the domain name for a much higher price in the
commercial market.

Cyber Parasite - Cyber parasites are those who gain profits out of domain names of others. The
Cyber parasite gains access to the domain name and then gains financially out of it. Usually the
domain names will be similar to that of the original domain name, or mis-spelled or mistyped. It
is one of the ways to misguide the customer, hence attracting the customer or the website surfer
to a duplicate or a scam website.

Cyber Twins – In this instance, the domain name holder and the individual challenging the
ownership of the domain name, both have real and legitimate claims. This is one such tough
situation for the arbitrator to decide on the genuine and lawful owner of the domain name. In
cases where it is not possible to decide on the rightful owner, the rule of ‘concurrent use’ is
applied, where both the claimant and the challenger are given equal opportunity to use and
generate individual seperatable revenue out of the domain name.

Reverse Name Domain Hijacking – In certain instances, the real owners of a legally registered
genuine domain name tend to extend the scope of their domain name, they try to encroach upon
others’ right to legally hold a registered domain name. It is an instance of fraudulently
encroaching upon other’s domain names, by claiming it as ones’ own.

.IN Domain Name Dispute Resolution Policy (INDRP)49

The INDRP shall only entertain cases pertaining to identical or confusingly similar to a name,
trademark or service mark, secondly if the person registering la complaint has no legitimate
interests in the domain name, or thirdly the domain name is being used in bad faith.

48 Domain names and cybersquatting, European IPR Helpdesk,


https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-Domain-Names.pdf
49.IN Domain Name Dispute Resolution Policy (INDRP), https://www.registry.in/IN%20Domain%20Name
%20Dispute%20Resolution%20Policy%20%28INDRP%29

25
The usual means of resolving a dispute of domain names in india is through Arbitration
proceedings only, for which the .IN Registry will appoint an Arbitrator, out of a list which is
maintained by the Registry. Any fees incurred in this regard, ie; the arbitration proceedings, costs
and expenses shall be paid by the complainant.

The complainant shall not participate in the domain name dispute resolution proceedings in any
capacity or manner other than providing the information relevant to the registration and use of
the domain name upon the request of the Arbitrator. Also, the liability of decisions by the
arbitrator will not be burdened upon them.

The maximum remedy would be resorting to cancellation or transfer of the registrant’s domain
name. the arbitrator has also sufficient authority to impose costs on the parties. All the decisions
of the arbitrator shall be displayed on the official website ie: www.registry.in.

WIPO (World Intellectual Property Organisation)

The WIPO Arbitration and Mediation Center is internationally recognized as the leading dispute
resolution service provider for challenges related to the abusive registration and use of Internet
domain names, a practice commonly known as “cyber-squatting.” 50 WIPO is an international
agency of the United Nations that was established in 1967 to promote and develop international
aspects of intellectual property law and policy. WIPO has an Arbitration and Mediation Center
that was established in 1994 to offer services for the resolution of disputes.51

UDRP (Uniform Domain Name Dispute Resolution Policy)

The UDRP is the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet
Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999. The UDRP is
based on recommendations made by WIPO in the Report on the First WIPO Internet Domain
Name Process, focusing on the problems caused by the conflict between trademarks and domain

50 Guide to WIPO Domain Name Dispute Resolution, https://www.wipo.int/export/sites/www/amc/en/docs/guide-


en-web.pdf
51 The UDRP: A Guide for SMEs and Consumers on Domain Names and Domain Name Disputes , International
Intellectual Property Institute, https://iipi.org/wp-content/uploads/2010/07/The_UDRP_-_A_Guide_for_SMEs.pdf,

26
names.52 The UDRP was created to establish a uniform means of administering domain name
conflicts.53 The complainant in a UDRP case must prove that:54

1) The domain name is identical or confusingly similar to a trade mark or a service mark
in which the complainant has rights;

2) The registrant has no rights or legitimate interests in respect of the domain name; and;

3) The domain name has been registered and is being used in bad faith.

ICANN55

The vast majority of domain name registration is done by registrars, most of which are accredited
by ICANN. ICANN is responsible for coordinating the names and numbers that relate to Internet
addresses, but does not register domain names with the exception of .INT (used for
intergovernmental agencies with international treaties). ICANN does not get involved in disputes
regarding domain ownership or registration disputes. Its role is at the policy level, in ensuring the
registries and registrars comply with policies related to those issues, developed through a
bottom-up consensus based multi-stakeholder process.

Case Laws

Yahoo!, Inc. v. Akash Arora & Anr 56, was the first case on domain law protection in India. The
Delhi High Court in this case held that domain name served the same function as a trademark
and was therefore entitled to equal protection.

52 Frequently Asked Questions: Internet Domain Names, https://www.wipo.int/amc/en/center/faq/domains.html#1


53 Sourabh Ghosh, Domain Name Disputes and Evaluation of The ICANN’s Uniform Domain Name Dispute
Resolution Policy, http://docs.manupatra.in/newsline/articles/Upload/54B3830D-2595-4148-80E3-
511F55C54A47.pdf
54 Fact Sheet Domain names and cybersquatting , European IPR Helpdesk,
https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-Domain-Names.pdf
55 What ICANN Does and Doesn’t Do, https://www.icann.org/en/system/files/files/what-icann-does-22jun12-
en.pdf
56 1999 (19) PTC 201 (Del)

27
The Bombay High Court, in Rediff Communication v. Cyberbooth & Anr 57 also observed that
the value and importance of a domain name is like a corporate asset of a company.

In People Interactive (India) Pvt. Ltd. vs. Vivek Pahwa & Ors 58 held, “it (domain name) is the
Internet equivalent of a physical or terrestrial address. It directs a user to a particular part of
the Web where a domain name registrant stores and displays his information, and offers
his services.”

A dispute had arisen before the Supreme Court in  Satyam Infoway Ltd. vs. Siffynet Solutions59, 
The court held, “the domain name not only serves as an address for internet communication but
also identifies the specific internet site, and distinguishes specific businesses or services of
different companies.

In a more recent judgment, in 2017, the Calcutta High Court in Rajat Agarwal vs. Spartan
Online60, held that “domain name is an instrument of commercial enterprise not only because it
facilitates the ability of consumers to navigate the Internet to find websites they are looking for,
but also at the same time, serves to identify and distinguish the business itself, or its goods or
services, and to specify its corresponding Internet location.” 

In Big Tree Entertainment v Brain Seed Sports Entertainment (2018) 61, the Delhi High Court
denied a Interim Injunction against ‘bookmysports’. It held that, the words BOOKMY was not an
arbitrary coupling of words, but rather a phase describing the particular activity The Court
stated, of the prefix, that ‘it is instead an apt description of a business that is involved in the
booking of a particular thing for its consumers, whether it is a concert, a movie, or a sports
facility.’62

57 2000 PTC 209


58 2016(68)PTC225(Bom)
59 AIR2004SC3540
60
61
62 Divij Joshi, De-Coding Indian Intellectual Property Law,
https://spicyip.com/2018/01/bookmy-row-delhi-high-court-denies-bookmyshow-an-injunction-against-
bookmysports.html

28
Suggestions and Conclusion

Internet is one such medium which is regulating almost each and every service sector in India.
The participation of business and consumers is growing at a faster pace. The domain name
battles have though seen a rise in the recent times. Also, the usage of domain names have grown
‘n’ times its’ inception. With this growing number, the concept of domain name can be coined as
a ‘dynamic system of arranged algorithm’. The constant need to protect and guard ones domain
name has been the need of the hour, with various ways to surpass the individual identity of a
brand-name, sufficient steps need to be taken.

The domain name registries should identify and place an ‘absolute irrevocable life term ban’ on
individuals and business indulging in the acts of cyber-squatting and other such activities. The
domain allotment process should be looked in to and made sure that the individuals, who tend to
acquire domain names via fraudulent means, are not entitled and ineligible of applying for a
domain name in future.

We understand that organisations such as ICANN, UDRP, and WIPO exists for smooth dispute
resolution and policy related matters. At their individual levels efforts should be made to

29
implement and regulate domain name holders at regular intervals so as to keep a check on
compliance related obligations.

A central repository should be put in place to ensure timely updation of defaulters and domain
name thieves’, who resort to fraudulent means for acquiring domain names. This repository
should be accessible, edit-enabled at an international level for a global identification of habitual
infringers.

The government portal for domain name registrations should look into the one time fees being
charged, and for the initiation of the domain name verification and allotment process. It may
impact the trend of domain registration in both ways, negative and positive. The increase in fee
may hinder people at different level of financial independence. The domain names can be
categorically classified for various affordable prices ranging from Rs.5000/- to Rs.50,000/-
annually, thus catering to all levels of businesses and brands in the market.

The private domain name entities, apart from the government agencies such as ‘godaddy’for e.g.;
should be monitored and supervised by the government agencies hence keeping a check on the
prices being uniform and fair in all senses. Also, the legislature needs to propose a separate law
for cyber-squatting in India, which till now is absent and is the need of the hour, with rising cases
of domain name abuse.

30
● Bibliography

References:

1. Domain Name Registration in India from A Trademark Law Perspective – 7 Things,


https://www.sevenelementz.com/2015/12/25/domain-name-registration-in-india-from-a-
trademark-law-perspective-7-things/

2. https://www.registry.in/system/files/inpolicy_0.pdf, .IN INTERNET DOMAIN NAME


Policy Framework & Implementation

3. INTRODUCTION TO TRADEMARK LAW & PRACTICE - THE BASIC CONCEPTS


- A WIPO TRAINING MANUAL (2 nd Edition), 1993
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_653.pdf

4. Trademark Basics – A Guide To Business, International Trademark Association


https://www.inta.org/Media/Documents/2012_TMBasicsBusiness.pdf

5. Chaddha and Chaddha Intellectual Property Firm, Domain name and Trademark Rights
In India, https://www.lexology.com/library/detail.aspx?g=daaafca2-6a68-4134-bd29-
27aa941a1f03

6. Abigail Rubinstin, 7 Reasons Why Trademarks Are Important to Your Business,


https://www.entrepreneur.com/article/235887

31
7. Mark Brown, The Importance of Trademarks in Business,
https://www.marcaria.com/ws/en/articles/the-importance-of-trademarks-in-business

8. Importance of Trademarks: Everything You Need to Know,


https://www.upcounsel.com/importance-of-trademarks

9. Dana Griffin, Importance of Obtaining a Trademark for a Business,


https://smallbusiness.chron.com/importance-obtaining-trademark-business-529.html

10. Subramanian, Kalyanaraman & Nizam, Ismail. (2015). The Importance of Brand Name
in Consumer Decision Making with Focus on CNC Machine Tool Industry in India.
International Journal of Accounting and Business Management.
https://www.researchgate.net/publication/316709905_The_Importance_of_Brand_Name_
in_Consumer_Decision_Making_with_Focus_on_CNC_Machine_Tool_Industry_in_Indi
a/citation/download

11. Aniket Sengupta, Brand Analyses of Global Brands Versus Local Brand in Indian
Apparel Consumer Market, https://uknowledge.uky.edu/cgi/viewcontent.cgi?
article=1006&context=mat_etds

12. Hanna Bornmark, A Study to Indicate Brand Awareness in Brand Choice – A Cultural
Perspective, http://www.diva-portal.org/smash/get/diva2:229947/FULLTEXT01.pdf

13. Sandeep Saxena , Challenges and Strategies of Global Branding In Indian Market, IOSR
Journal of Business and Management, ISSN: 2278-487X Volume 4, Issue 1 (Sep,-Oct.
2012), Pg 38,
https://pdfs.semanticscholar.org/a16c/b070e2f74ccc046b026f2c1ed2ad02da6d0e.pdf

14. Hemant Goel, Mohit Porewal, India: Protection Of Domain Name As A Trademark,
http://www.mondaq.com/india/x/327272/Trademark/Protection+of+Domain+Name+As+
A+Trademark
15. Mridanish Jha , Effective Marketing Strategy For Branding A Commodity With Special
Reference To Consumer Goods, International Journal Of Social Science &
Interdisciplinary Research, ISSN 2277-3630 IJSSIR, Vol. 3 (5), MAY (2014),
Https://Www.Iujharkhand.Edu.In/Article_By_Faculty/MJ%20(4).Pdf

16. OUTGROW, Interbrands Best Indian Brands 2017, https://www.interbrand.com/wp-


content/uploads/2017/11/Best-Indian-Brands-2017.pdf

17. https://www.wipo.int/amc/en/center/faq/domains.html#1

18. Rohan Bagai, Akshat Hansaria, Trademark Disputes over Domain Names - ICANN
Uniform Domain Name Dispute Resolution Policy,
http://www.legalserviceindia.com/articles/tdms.htm

32
19. Susan Anthony, What You Really Should Know About Trademarks & Domain Names,
https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_rs_ip_us_16/wipo_rs_ip_us_16_t01.p
df

20. https://www.101domain.com/cdn-media//web_page/
Cybersquatting_Whitepaper_and_Chart.pdf, The Threat of Cybersquatting & Trademark
Infringement in the Global Domain Economy

21. Landmark Domain Name Dispute Cases, https://hutchersonlaw.com/landmark-domain-


name-dispute-cases/

22. Trademarks and Domain Names,


http://scitechconnect.elsevier.com/wp-content/uploads/2013/09/Trademarks-and-
Domain-Names.pdf

23. Frequently Asked Questions: Internet Domain Names,


https://www.wipo.int/amc/en/center/faq/domains.html#1
24. JS Hatcher, The UDRP: A Guide for SMEs and Consumers on Domain Names and
Domain Name Disputes , https://iipi.org/wp-content/uploads/2010/07/The_UDRP_-
_A_Guide_for_SMEs.pdf

25. https://registry.in/Internationalized_Domain_Names_IDNs

26. https://www.registry.in/internationalized-domain-names-idns

27. https://registry.in/system/files/
POLICY_DOCUMENT_FOR_CREATION_OF_LANGUAGE_INFORMATION_FOR
_INTERNATIONALISED_DOMAIN_NAMES_IN_INDIAN_LANGUAGE.pdf

28. https://registry.in/system/files/DEVANAGARI.tar_.gz

29. https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-
MANIPURI%28BENGALI%29.pdf

30. https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-
TELUGU.pdf
31. https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-
GUJARATI.PDF
32. https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-
URDU.PDF
33. https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-
TAMIL.PDF
34. https://registry.in/system/files/INTERNATIONALIZED_DOMAIN_NAMES-
PUNJABI.pdf

35. https://registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants_3.pdf

33
36. Differences Between Trade Marks and Domain Names,
https://www.ipd.gov.hk/eng/intellectual_property/trademarks/registry/
Main_differences_between_trademarks_and_domain_names-amended.pdf

37. https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-Domain-
Names.pdf

38. https://www.registry.in/about/in-registry

39. https://www.registry.in/Step%201%20Apply

40. For more information, see https://www.registry.in/Policies/in-anti-abuse-policy

41. The Threat of Cyber Squatting & Trademark Infringement in the Global Domain
Economy,
https://www.101domain.com/cdn-media//web_page/Cybersquatting_Whitepaper_and_Ch
art.pdf

42. Domain names and cybersquatting, European IPR Helpdesk,


https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-Domain-
Names.pdf
43. .IN Domain Name Dispute Resolution Policy (INDRP), https://www.registry.in/IN
%20Domain%20Name%20Dispute%20Resolution%20Policy%20%28INDRP%29

44. Guide to WIPO Domain Name Dispute Resolution,


https://www.wipo.int/export/sites/www/amc/en/docs/guide-en-web.pdf

45. The UDRP: A Guide for SMEs and Consumers on Domain Names and Domain Name
Disputes , International Intellectual Property Institute,
https://iipi.org/wp-content/uploads/2010/07/The_UDRP_-_A_Guide_for_SMEs.pdf,

46. Frequently Asked Questions: Internet Domain Names,


https://www.wipo.int/amc/en/center/faq/domains.html#1

47. Sourabh Ghosh, Domain Name Disputes and Evaluation of The ICANN’s Uniform
Domain Name Dispute Resolution Policy,
http://docs.manupatra.in/newsline/articles/Upload/54B3830D-2595-4148-80E3-
511F55C54A47.pdf

48. Fact Sheet Domain names and cybersquatting , European IPR Helpdesk,
https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-Domain-
Names.pdf

49. What ICANN Does and Doesn’t Do, https://www.icann.org/en/system/files/files/what-


icann-does-22jun12-en.pdf

34
50. Divij Joshi, De-Coding Indian Intellectual Property Law,
https://spicyip.com/2018/01/bookmy-row-delhi-high-court-denies-bookmyshow-an-
injunction-against-bookmysports.html

51.Books:

52. BL Wadhera, Intellectual Property Law

35

You might also like