Domain Names: Conceptual Analysis

Domain names are integral parts of businesses having any online commercial activity. Since
the commercial activities on the Internet are increasing every day, the usefulness and purpose
of domain names cannot be ignored. These days, domain names are not just names of
websites of different entities, but serve as business identifiers and promoters. Some may refer
to domain names as the online equivalents of trademarks. However, views differ on if domain
names should be given the same treatment under law as trademarks.

USES

Domain names are user friendly and easy to remember addresses that internet surfers use to
locate any website. A domain name, quite simply, can be referred to as an ‘online identity’ of
one’s business. Technically speaking, because the Internet is based on IP addresses,
every web server requires a Domain Name System (DNS) server to translate domain names
into IP addresses. Each website has a domain name that serves as an address, which is used to
access the website. Domain names are usually [xyz] followed by .com; .org; .gov; .net; .in;
etc.

The Bombay High Court in People Interactive (India) Pvt. Ltd. vs. Vivek Pahwa &
Ors[1] 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 Domain Name is a quite user-friendly form of an Internet Protocol (IP) address; the
technical IP address of this being invisible to the viewers. Addresses to the Internet Web
Servers are assigned and managed through the Domain Name System (DNS), the globally
distributed internet database administered by ICANN. An example of a domain name is
"inta.org". The name portion of a domain name [here, inta] is called as the Second-Level
Name, and this unique and scintillating name is to be created or selected by the domain name
applicant. The end portion of a domain name [here, .org] is termed as the Top-Level Domain
(TLD); and is further classified into the categories of the Generic Top-Level Domains
(gTLDs) and the Country-Code Top-Level Domains (ccTLDs). Some of the most common
and popular categories of the top-level domains are .com; .org; .gov; .net; .in; etc.
Domain names are divided into hierarchies. The top-level of the hierarchy appears after the
last dot ('.') in a domain name. In "microsoft.com", the top level domain name is .COM.
The .COM name is the most common top-level domain name, and is used to indicate that the
domain name is owned by a commercial enterprise. Other common top-level domain names
include .ORG (for non-profit organizations), .NET (for network and Internet related
organizations), .EDU (for four-year colleges and universities), and .GOV (for government
entities).

In addition to these generic domain names, each country has been given a unique top-level
domain name. For instance, .CA indicates a domain in Canada, and .IE indicates an Irish
domain. Although there is a .US top-level domain name, most organizations in the United
States outside of state and local governments opt for one of the generic names
(i.e., .COM, .ORG, .NET), which are available to entities in any country. For several years
there have been proposals to add new generic top-level names, such as .FIRM, .STORE,
and .WEB. While each of these proposals has eventually faded away, it is expected that some
new top level domain names will be created within the next two years.

The disputes that arise over domain names involve "second level" domain names. The second
level name is the name directly to the left of the top-level domain name in an Internet
address. For instance, in the address "www.microsoft.com", the second level domain name
is Microsoft.
Two identical second level domain names cannot coexist under the same top level domain.
For example, even though both the Delta Faucet Company and Delta Airlines would like the
"delta.com" domain name, only one Delta company can have delta.com. Unfortunately for
both Delta Faucet Company and Delta Airlines, that Delta company is Delta Financial of
Woodbury, New York. Instead of using delta.com, Delta Airlines uses deltaairlines.com,
while Delta Faucet Company uses deltafaucet.com.

Domain names are user-friendly forms of internet addresses commonly used to find websites.
Domain names are created as per the procedures and rules of the Domain Name System
(DNS), and the names registered in the DNS are domain names. 
A domain name is an identity of one’s business online.  Every web server requires a DNS
server to translate domain names into Internet Protocol (IP) addresses. Since domain names
are easy to use and remember, they have become business identifiers.

A trademark is a mark capable of distinguishing the services and goods of one person from
those of others and being represented graphically. It may consist of the shape of goods, their
packaging and a combination of colours. It includes a brand, logo, label, name, signature,
letter, word, numeral, packaging or combination of colours.

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. According to Bill Gates, the founder of
Microsoft, "Domains have and will continue to go up in value faster than any other
commodity ever known to man". Broadly, the functions of domain names are now quite
similar to the functions of a trademark or service mark, for these purposes. Ours this very
informative web-article offers rich and hugely beneficial and securing information regarding
the registration and protection of the domain names as trademarks, with a view to help and
serve people, companies, and professions pertaining to diverse occupational and economic
fields.

A Domain Name is a quite user-friendly form of an Internet Protocol (IP) address; the
technical IP address of this being invisible to the viewers. Addresses to the Internet Web
Servers are assigned and managed through the Domain Name System (DNS), the globally
distributed internet database administered by ICANN. An example of a domain name is
"inta.org". The name portion of a domain name [here, inta] is called as the Second-Level
Name, and this unique and scintillating name is to be created or selected by the domain name
applicant. The end portion of a domain name [here, .org] is termed as the Top-Level Domain
(TLD); and is further classified into the categories of the Generic Top-Level Domains
(gTLDs) and the Country-Code Top-Level Domains (ccTLDs). Some of the most common
and popular categories of the top-level domains are .com; .org; .gov; .net; .in; etc.
TYPES OF DN

1. Top-Level Domains (TLDs) – They show up in domain names as the series of

letters following the last (furthest right) “.”, for example, “net” in
“www.example.net”.Most usually utilized TLDs are .com, .net, .edu, .jp, .de, and
so on. Further, TLDs are arranged into two general classifications: conventional
top-level domains (gTLDs) and nation code top-level domains (ccTLDs).

2. Generic Top-Level Domain (gTLDs) – It is a nonexclusive top-level domain name

that distinguishes the domain class it is related with (.com, .org, .edu, and so on). 

3. Country Code Top-Level Domain (ccTLD) – It is a two-letter domain expansion,

for example, .uk or .fr, relegated to a nation, geographic area, or region.

Functions of A Domain Name and A Trademark

Generally, a domain name performs the same functions online, which a trademark serves in
the offline business dealings and transactions. While the trademark is striking graphic
signifier of your product or company, the domain name is magnificent navigator to your
company on the internet, and the virtual image of your business. Duly registered and
protected trademark and domain name can offer the following main benefits: ---

 A trademark or service mark promotes and protects your brand name, while a
registered and protected domain name provides you protection against any
unauthorized use of your domain name by any person or entity.

 Trademark supports the face value of your business or profession, while a domain
name increases access value of your business from any remote place of the world
over.

 A trademark (or service mark) makes your any product (or service) prominent in the
concerned marketplace, while a domain name can also function to deliver your
product or service to your customers worldwide.

Thus, a well-protected domain name is certainly immensely helpful for security, worldwide
prominence, and profitability of a business, quite like an internationally protected trademark
or service mark. Hence, proper registration and protection of both the trademark and domain
name are advisable and imperative.

DIFFERENCE BETWEEN TM & DN

1) A trade mark may consist of words, designs, letters, numerals, colors, the
shape of goods or their packaging etc. and any combination of such signs. A
domain name must be contextual in for (e.g. www.ipd.gov.hk).
2) A trademark would be registered in respect of the goods or services as
classified under the Nice classification. A Domain name does not have to be
registered for a particular class of goods or services
3) A registered TM is valid for 10 years & can be renewed for further period of
10 years. A DN is only for a particular period as agreed between the
registrant & the accredited registrar & these are subject to renewal.
4) A TM may not be registrable if it is different or similar to a previously
registered TM. A DN is registrable if it is not different to a previously
registered DN.
5) A trade mark which consists exclusively of a sign or a symbol which
describes the characteristics for the applied-of goods or services may not be
registrable. Symbols such as “fresh bread” in respect of bakery services. A
domain name may describe the features of the application-of goods or
services, e.g. “freshbread.com” for a bakery.
6) TM operates in real world. DN operates in the cyber world.
7) Different people living in different countries may have the same trademark
for different goods and services as it does not generally have a global impact
on it. Domain names operates at a global level and so no two
companies/persons can be having the same domain name.
8) TM can refer to or linked to a specific category of a product or products line.
The DNs are not given for every single product offered by a company.
9) As there are no jurisdiction issues, the dispute related to a trademark can be
easily settled. In DN, As the internet is very wide and does not any any
boundaries, so the disputes are hard to be settled.
Can Internet Domain Names be Registered and Protected As Trademarks or Service
Marks?

Yes, domain names can also be registered and protected as trademarks or service marks at the
national and international levels, provided that the domain names do satisfy all conditions to
be duly registered and protected like the trademark and service marks.
Hence, any domain name which is unique, capable of identifying itself and distinguishing its
goods and services from those of others and acts as a reliable source identifier of concerned
goods and services on the internet, may be registered as a trademark,  if it satisfies all other
rules and requirements for registration which are commonly applicable to the trademarks and
service marks. Again, for proper registration of a domain name as a trademark or service
mark, this must be unambiguously unique from all other domains names and well-known
trademarks on the internet, so that it does not mislead, confuse, or deceive customers of other
companies engaged in the same or different fields, or violate public order or morality. Such
cases may give rise to instances of trademark infringement litigation. Exclusive information
about registration and protection of domain names as trademarks in India and abroad is
provided in the sections below.

In this connection, the following judgment of the Honorable Supreme Courts of India is
worth mentioning, which was extended in the case of Satyam Infoway Ltd. Vs Sifynet
Solutions Pvt. Ltd. [Where the matter for consideration before this Apex Court of India was
whether Internet Domain Names are recognizable as other Intellectual Properties such as
Trademarks]: --- "The original role of a domain name was no doubt to provide an address for
computers on the internet. But the internet has developed from a mere means of
communication to a mode of carrying on commercial activity. With the increase of
commercial activity on the internet, a domain name is also used as a business identifier.
Therefore, 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. Consequently a domain name as an address must, of necessity, be
peculiar and unique and where a domain name is used in connection with a business, the
value of maintaining an exclusive identity becomes critical. "As more and more commercial
enterprises trade or advertise their presence on the web, domain names have become more
 and more valuable and the potential for dispute is high."
In a more recent judgment, in 2017, the Calcutta High Court in Rajat Agarwal vs. Spartan
Online, citing the Satyam case held that a domain name is chosen as “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.” The Court went on to state that a domain name must necessarily be
peculiar and unique to the business, as maintaining an exclusive identity was critical.
However, unlike the Satyam case, the court did not restrain the Defendants from the use of
spartanpoker.com observing that the Plaintiffs only registered the domain name but did not
spend on developing the web page, trade dress and designing of the mark and related
expenses for its registration.

DOMAIN NAME DISPUTES

Because of the increasing popularity of the Internet, companies have realized that having a
domain name that is the same as their company name or the name of one of their products can
be an extremely valuable part of establishing an Internet presence. As explained above, a
company wishing to acquire a domain name must file an application with the appropriate
agency. Before doing so, a search is done to see if their desired domain name is already
taken. A good site for doing such a search is provided by Network Solutions. When a
company finds that the domain name corresponding to their corporate name or product
trademark is owned by someone else, the company can either choose a different name or fight
to get the domain name back from its current owners.
Some well publicized examples of these types of domain names disputes are:

 candyland.com: Both Hasbro and an adult entertainment provider desired the candyland.com
domain name. Hasbro was too late to register the name itself, but it is never too late to sue
(well, almost never). The domain name is now safely in the hands of Hasbro.


 mcdonalds.com: This domain name was taken by an author from Wired magazine who was
writing a story on the value of domain names. In his article, the author requested that people
contact him at ronald@mcdonalds.com with suggestions of what to do with the domain name.
 In exchange for returning the domain name to McDonalds, the author convinced the company
to make a charitable contribution.


 micros0ft.com: The company Zero Micro Software obtained a registration for micros0ft.com
(with a zero in place of the second 'o'), but the registration was suspended after Microsoft
filed a protest. When the domain name went abandoned for non-payment of fees, the domain
name was picked up by someone else: Vision Enterprises of Roanoke, TX


 mtv.com: The MTV domain name was originally taken by MTV video jockey Adam Curry.
Although MTV originally showed little interest in the domain name or the Internet, when
Adam Curry left MTV the company wanted to control the domain name. After a federal court
action was brought, the dispute settled out of court.


 peta.org: An organization entitled "People Eating Tasty Animals" obtained the peta.org

domain name, much to the disgust of the better know People for the Ethical Treatment of
Animals. This domain name was suspended and was eventually litigated, resulting in the
domain being awarded to People for the Ethical Treatment of Animals based primarily on
their previous trademark rights.
 roadrunner.com: When NSI threatened to suspend the roadrunner.com domain name after a
protest by Warner Brothers, the New Mexico Internet access provider who was using the
domain name filed suit to prevent the suspension. Although the access provider was able to
prevent the suspension, a joint venture company involving Time Warner, MediaOne,
Microsoft, Compaq, and Advance/Newhouse eventually obtained the domain name.


 taiwan.com: The mainland China news organization Xinhua was allowed to register the
domain name taiwan.com, much to the disgust of the government of Taiwan.

CYBERSQUATTING
Cybersquatting is a kind of domain dispute which is usual in the world. It is a process where
people buy domain names showing the name of an existing company, with a single intention
to sell the names back to that company to attain profit when they want to set up their own
website. There are different kinds of cybersquatting. Most usually utilized is the
typosquatting where a digital vagrant registers domain names containing a variation of
mainstream trademarks. Grammatical mistake vagrants accept that the web client will make
typographical blunders while entering the domain names into their internet browsers.

Some common examples of typosquatting include:

 The omission of the “.” in the domain name: wwwexample.com

 A common misspelling of the intended site: exemple.com

 A differently phrased domain name: examples.com

 A different top-level domain:example.org

RELATION BETWEEN DN & TM

In modern times the online trademarks are Domain names. It also tells the quality and safe of
the goodness of a company. There are different kinds of cybersquatting. Most normally
utilized is typosquatting where a digital squatter registers domain names containing a
variation of mainstream trademarks. Typo squatters accept that the web client will make
typographical blunders while entering the domain names into their internet browsers. Such
names are well-known names or catchy words of companies or individuals, for instance,
‘samsung.com’ or ‘nokia.com’. A Domain name fills a similar need on the web, which a
trademark serves in the disconnected business exchanges. It enables the clients to distinguish
the wellspring of merchandise or administrations gave by the proprietor of such products and
enterprises. Consequently, Domain names are of the most extreme significance in online
organizations. They are significant in light of the accompanying reasons:

 Advancement of business and working up a client base on the web and

disconnected by the method of publicizing on the web.

 Foundation of the validity of the site and the business on the web. 

 Simple access to clients and imminent clients.

The existence of domain names without the requirement of registration brought the concept
of “first come, first served”. This has made a conflict among the company owners of the
trademark because many people have started to get the domain names so that they can sell
them afterward at a high price to the company trademark owners. The problem arises with the
company trademark owner because their entitlement to IP rights make them feel fraud by this
new practice named “cybersquatting”. However, any individual who wishes to enroll in a
domain just because it is trademarked can do as such; whatever issues may emerge should be
confronted later. The explanation of the expansion in the rate is the developing significance
of domain name in the internet business pattern. Domain name holds a decent significance as
there can be just a single client of a domain name not at all like the trademark law where
there can be at least two clients of an equivalent or comparable trademark for different
classes of products and enterprises under the fair simultaneous use if such use doesn’t add up
to encroachment or creating turmoil or weakening. Be that as it may, this sort of arrangement
isn’t pertinent on account of domain names. 

Since, the domain enrollment framework follows the “main come, first served” strategy.
Along these lines, when an individual registers a domain name like a trademark, some other
individual utilizing a comparable imprint is prevented from enlistment from securing another
domain name like that trademark. That implies that just a single client is permitted to utilize a
specific domain name and some other application for a similar domain name will be won’t.
This is the fundamental explanation with regards to why trademark proprietors want to get
their trademarks enlisted as their domain names for business. The instances of trademarks and
domain names struggle essentially include issues identified with the utilization of altruism of
a trademark by an infringer in the domain name to occupy the likely clients of the proprietor
of the trademark to a site not related with that trademark, or utilization of meta-labels
bringing about the weakening of trademark or unapproved enrollment of the trademark as a
domain name with the purpose to coerce cash or to keep the proprietor from utilizing the
trademark. The Cyber squatters rapidly sell the domain names to other non-related
substances, subsequently empowering the passing off and weakening of renowned trademark
or exchange names.
TYPES OF DN DISPUTES

As known, acquiring a domain name for a particular organization is very important if that
organization wants to operate its business online also. Domain name disputes are of various
types like cyber squatters, typosquatting, domain name warehousing, cyber twin, reverse
domain name hijacking.

CYBERSQUATTING:- Cybersquatting can also be referred to as domain squatting.

Cybersquatting is a practice in which a person registers a domain name that resembles a well-
known organization without authorization to gain some profit. Domain registrants buy the
domain name with a mala fide intention that harms the goodwill and reputation of the
company. This is mainly done to gain some profit by selling the domain name to the owner of
the original trademark or service. Sometimes a person registers the name and expects that he
will sell the domain name in the future to the highest bid.

TYPOSQUATTING:- A typo squatter refers to a person who registers a domain name with
common typos of the company’s primary domain name to shift the traffic from the main
website to its website. Let’s understand this by taking an example to suppose a person
registers a domain with the name www.faceook.com which is created to shift the people from
the original site www.facebook.com. This practice is also known as “URL hijacking” or
sometimes “web address hacking.”A person takes advantage of common typing mistakes
which people make while entering any URL.

CYBER TWIN:- Cyber twin refers to when the domain name holder and the person
challenging the domain have a legitimate claim to a domain name. In the case before WIPO
arbitration and mediation centre name Indian Farmers Fertiliser Cooperation Ltd v.
International Foodstuffs Co, (2018), the issue was related to the domain name iffco.com.In
this particular case, the defendant was using the domain name in good faith. The complainant
had a legitimate interest in the domain, which was related to iffco.com. The complainant
stated that the defendant was diverting the traffic. The arbitration centre dismissed the case
and said that both parties had a legitimate interest and the complainant had failed to prove
that the defendant was using the domain name in bad faith.

DN WAREHOUSING:- Domain name warehousing is holding the expired domain instead of

releasing back to the public for buying. A person contains a certain domain from being
registered and hopes to resell to the previous owner or new owner at a much higher price than
the market price. They may try to negotiate to sell at a higher price.

REVERSE DOMAIN NAME HIJACKING:- RDNH stands for Reverse domain name

hijacking (RDNH) is an attempt by the trademark holder in bad faith to take control of a
domain name from another who is having a legitimate interest in the name. According to
the Rules15(e) of Uniform Domain-Name Disputes Resolution Policy (UDRP), it has been
stated that when any complainant is brought in bad faith which is primary to harass the
domain name registrant, then the panel can decide that the complaint is brought in bad faith
and constitutes an abuse of administrative proceeding. Reverse domain name hijacking is
mostly enacted by large corporations and individuals, in defence of their rightful trademark or
for preventing libel or slander.

ICANN’s UDRP

As we all know, the internet, which we know today, began as the network known as
ARPANET(Advanced Research Projects Agency Network, experimental computer
network). Internet Assigned Numbers Authority (“IANA”) managed the internet by assigning
the computer to the internet as an address. Some bodies see there was the expansion of the
internet Network Solutions, Inc( NSI), which was the private company that received the right
to assign the domain address. One of the ICANN’s first substantive acts was the adoption of
UDRP, which had three main objectives:

1. Eliminate the jurisdiction and the problem of the conflicting law related to all
internet disputes.

2. Reduce the cost of bringing suits against the cybersquatters.

 3. Apply an extremely restricted set of circumstances only to the egregious cases.
As UDRP incorporates all registration agreements for .org,.com,.net.If anyone wants to file a
suit in UNDP, it is very simple. Firstly the complaint must be filed in one of the alternative
dispute resolution bodies which are approved by the ICANN. The respondent gets a 20 days
timeline to file a reply, after which a three-member committee is formed in which the
plaintiff has to prove three elements:

1. That the disputed domain name is similar or confusing

2. That the respondent is not having any legitimate interest in the domain

3. That the respondent registered the domain name in bad faith.

There is a major advantage of using ICANN’s UDRP to resolve domain name disputes is that
it has a fast preceding. Most of the decisions of UDRP are handed down within 45 days of the
complaint being filed. Giving quick decisions is the primary reason for using UDRP.

ICANN

To reach another person on the Internet you have to type an address into your computer - a
name or a number. That address has to be unique so computers know where to find each
other. ICANN coordinates these unique identifiers across the world. Without that
coordination we wouldn't have one global Internet.

ICANN was formed in 1998. It is a not-for-profit partnership of people from all over the
world dedicated to keeping the Internet secure, stable and interoperable. It promotes
competition and develops policy on the Internet’s unique identifiers.

ICANN doesn’t control content on the Internet. It cannot stop spam and it doesn’t deal with
access to the Internet. But through its coordination role of the Internet’s naming system, it
does have an important impact on the expansion and evolution of the Internet.

WHAT IS THE DN SYSTEM

The domain name system, or DNS, is a system designed to make the Internet accessible to
human beings. The main way computers that make up the Internet find one another is through
a series of numbers, with each number (called an “IP address”) correlating to a different
device. However it is difficult for the human mind to remember long lists of numbers so
the DNS uses letters rather than numbers, and then links a precise series of letters with a
precise series of numbers.

The end result is that ICANN’s website can be found at “icann.org” rather than “192.0.32.7”
– which is how computers on the network know it. One advantage to this system – apart from
making the network much easier to use for people – is that a particular domain name does not
have to be tied to one particular computer because the link between a particular domain and a
particular IP address can be changed quickly and easily. This change will then be recognised
by the entire Internet within 48 hours thanks to the constantly updating DNS infrastructure.
The result is an extremely flexible system.

A domain name itself comprises two elements: before and after “the dot”. The part to the
right of the dot, such as “com”, “net”, “org” and so on, is known as a “top-level domain”
or TLD. One company in each case (called a registry), is in charge of all domains ending with
that particular TLD and has access to a full list of domains directly under that name, as well
as the IP addresses with which those names are associated. The part before the dot is the
domain name that you register and which is then used to provide online systems such as
websites, email and so on. These domains are sold by a large number of “registrars”, free to
charge whatever they wish, although in each case they pay a set per-domain fee to the
particular registry under whose name the domain is being registered.

ICANN draws up contracts with each registry*. It also runs an accreditation system for

registrars. It is these contracts that provide a consistent and stable environment for the
domain name system, and hence the Internet.

In summary then, the DNS provides an addressing system for the Internet so people can find
particular websites. It is also the basis for email and many other online uses.

WHAT DOES ICANN HAVE TO DO WITH IP ADDRESSES?

ICANN plays a similar administrative role with the IP addresses used by computers as it does
with the domain names used by humans. In the same way that you cannot have two domain
names the same (otherwise you never know where you would end up), for the same reason it
is also not possible for there to be two IP addresses the same.

Again, ICANN does not run the system, but it does help co-ordinate how IP addresses are
supplied to avoid repetition or clashes. ICANN is also the central repository for IP addresses,
from which ranges are supplied to regional registries who in turn distribute them to network
providers.

ICANN’s Role

As mentioned earlier, ICANN’s role is to oversee the huge and complex interconnected

network of unique identifiers that allow computers on the Internet to find one another.

This is commonly termed “universal resolvability” and means that wherever you are on the
network – and hence the world – that you receive the same predictable results when you
access the network. Without this, you could end up with an Internet that worked entirely
differently depending on your location on the globe.

ICANN is made up of a number of different groups, each of which represent a different

interest on the Internet and all of which contribute to any final decisions that ICANN’s
makes.

There are three “supporting organisations” that represent:

 The organisations that deal with IP addresses

 The organisations that deal with domain names

 The managers of country code top-level domains (a special exception as explained

 at the bottom).

Then there are four “advisory committees” that provide ICANN with advice and
recommendations. These represent:

 Governments and international treaty organisations Root server operators

 Those concerned with the Internet’s security

 The “at large” community, meaning average Internet users.

And finally, there is a Technical Liaison Group, which works with the organisations that
devise the basic protocols for Internet technologies.

ICANN’s final decisions are made by a Board of Directors. The Board is made up of 21
members: 15 of which have voting rights and six are non-voting liaisons. The majority of the
voting members (eight of them) are chosen by an independent Nominating Committee and
the remainder are nominated members from supporting organisations.

ICANN then has a President and CEO who is also a Board member and who directs the work
of ICANN staff, who are based across the globe and help co-ordinate, manage and finally
implement all the different discussions and decisions made by the supporting organisations
and advisory committees. An ICANN Ombudsman acts as an independent reviewer of the
work of the ICANN staff and Board.

.IN DOMAIN NAMES AND INDRP(.IN DISPUTE RESOLUTION POLICY)

 
India's top level domain is ".in". The sunrise period for the ".in" domains was from 1st
January, 2005 to 21st January, 2005. During this period owners of registered Indian
Trademarks or service marks were given an opportunity to apply for ".in" domains. The
booking was opened to the public from 16th February, 2005. IN Registry is the official ".in"
registry. IN Registry is operated under the authority of NIXI (National Internet eXchange of
India) NIXI is a not-for-profit company registered under section 25 of the Indian Companies
Act.
 
NIXI has been set up to facilitate improved Internet services in India. IN Registry has the
following responsibilities:
1. maintaining the "in" top level domain
2. ensuring the operational stability, reliability, and security of ".in"
3. implementing Government of India policies
 
Registrations are handled by .IN Registry accredited registrars.
 
1. National Informatics Centre is the registrar for gov.in domains
2. ERNET is the registrar for res.in and ac.in domains
3. Ministry of Defence is the registrar for mil.in domains
 
The .IN Domain Name Dispute Resolution Policy (INDRP)
 
Following the acceptance of the internet as a tool to promote and sell goods and services,
there has been a steady and rapid increase in the number of domain name disputes in the
country. To regulate these disputes, the .IN registry formulated a policy named the INDRP in
2006. 

The INDRP was drafted in accordance with international guidelines (of the WIPO) and the
provisions of the Information technology Act, 2000. The INDRP  governs disputes regarding
domain names containing the .IN or .Bharat code at the end, such as
amazon.in, ssrana.in or apple.in . (Give an example of a .Bharat code as well ?)

The ".IN Domain Name Dispute Resolution Policy" (INDRP) sets out the terms and
conditions to resolve a dispute between the Registrant and the Complainant, arising out of the
registration and use of a ".in" Internet Domain Name. Registrant is a holder of the .in Internet
domain name. Complainant is the person who has complaint against the Registrant.
 
A complaint can be filed with the .IN Registry on the following grounds:
 
1. The Registrant's domain name is identical or confusingly similar to a name,
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 Registrant's domain name has been registered or is being used in bad faith.
 
The basic procedure for the dispute resolution is:
 
1. TO SEEK REMEDIES
 
The Complainant files the complaint with the .IN Registry and pays the relevant fees.
 
The Complainant can ask for
 
a. cancellation of the Registrant's domain name or
b. transfer of the domain name registration to the Complainant
 
2. The .IN Registry appoints an Arbitrator out of the list of arbitrators maintained by it.
 
3. The Arbitrator conducts the arbitration proceedings in accordance with the Arbitration &
Conciliation Act 1996 and the IDRP and IDRP Policy and Rules. The Registrant is required
to submit to the mandatory arbitration proceeding.
 
4. The Arbitrator decides on the complaint. All decisions under this Policy are published in
full over the Internet.
Excerpts from the INDRP Rules
 
The ".in Domain Name Dispute Resolution Policy Rules" (INDRP Rules) describe the
following: how to file a complaint, how to respond to a complaint, the fees, communications
other procedures.
 
Following are the requirements which are to be incorporated in the complaint:
 
 Details of Name, postal and e-mail addresses, and the telephone and facsimile numbers of
the Complainant.
  
 Name of the Respondent and all information (including any postal and e-mail addresses and
telephone and facsimile numbers) known to the Complainant regarding how to contact the
Respondent including contact information based on any pre-Complaint dealings, to allow
the .IN Registry to send the Complaint to the Respondent.
  
 The domain name which is the subject of the Complaint;
  
 Details of Registrant of Domain Name
  
 The trademark(s) or service mark(s) on which the Complaint is based and, for each mark,
describe the goods or services, if any, with which the mark is used. Also other goods and
services with which complainant intends, at the time the complaint is submitted, to use the
mark in the future;
  
 The grounds on which the Complaint is made including, in particular,
o The manner in which the domain name in question is identical or confusingly similar
to a trademark or service mark in which the Complainant has rights; and
o Why the Respondent should be considered as having no rights or legitimate interests
in respect of the domain name that is the subject of the Complaint; and
o Why the domain name in question should be considered as having been registered
and being used in bad faith.
 The remedies sought;
 Details of any other legal proceedings that have been commenced or terminated in
connection with or relating to the domain name that is the subject of the Complaint;
 All documentary or other evidence, including a copy of the Policy applicable to the domain
name in dispute and any trademark or service mark registration upon which the Complaint
relies, together with a schedule indexing such evidence.
 Prescribed fee through Cheque / draft (in favour of 'NATIONAL INTERNET EXCHANGE
OF INDIA')
 
 
 Notification of complaint
 
The procedure followed by the .IN Registry on receipt of the complaint is as under:
 
 If the complaint is in accordance with the policy and rules, it will be forwarded to the
respondent within 3 working days. .IN Registry sends the complaint to all postal, facsimile
and email addresses shown in the domain name's registration data through .IN Registry's
WHOIS database at www.registry.in
 If the complaint is not in accordance with the policy and rules, the deficiencies will be
notified to the complainant within 3 working days. The complainant must correct the
deficiencies in 5 working days.
 The .IN Registry then appoints an arbitrator from the list of arbitrators within 5 days of
receiving the complaint.
 The complaint and documents are forwarded to the respondent and the arbitrator for
adjudicating (in accordance with the Arbitration and Conciliation Act 1996, rules
thereunder, and the Dispute Resolution Policy & rules).
 Within 3 days from the receipt of the complaint the Arbitrator issues a notice to the
Respondent. The date of commencement of the arbitration proceeding is the date on which
the Arbitrator issues this notice to the respondent.
 The Arbitrator must pass a reasoned award (within 60 days) and the Registry must put
forward a copy of it immediately to the complainant, respondent and the .IN Registry.

GROUNDS ON WHICH YOU CAN FILE AN INDRP COMPLAINT

Paragraph 4 of the INDRP policy/Rules provides the ground for filing an INDRP Complaint:

1. The registered domain name should be identical/confusingly similar to your mark

(trademark or service mark) or the name in which you have rights.

2. There shall be no legitimate interest or rights of the Registrant in the registered

domain name. The INDRP (Paragraph 6) provides examples of what can be termed
as the Registrant’s legitimate interests and rights:
  The Registrant is engaged in the bonafide distribution of goods and services under
the domain name or a name identical/similar to the domain name. For example, if
you are the owner of a car brand, you launched a car under the name carrier and
registered it as a trademark. Mr. Gupta, on the other hand, is selling toiletries
through his website under the registered domain name CARRIER.IN. Now you
can’t restrict Mr. Gupta from selling his goods under a domain name
identical/confusingly similar to your mark, as he is engaged in the bonafide
distribution of goods and services.

 Internet users identify the Registrant with the disputed domain name, whether he
owns no rights relating to the mark under the Trademark Act.

 There is no intention on the Registrant’s part to divert any customers or ride on the
goodwill associated with the Complainant’s Mark. He/she is using the domain
name for a lawful non-commercial or fair purpose.
3. The domain name should have been registered by the registrant in bad faith. The INDRP
(Paragraph 7) provides examples of what can be termed as bad faith:

 If the Registrant has registered the domain name for the sole purpose of selling,
renting, or transferring it back to its original owner, i.e. the Complainant.

 The Registrant registers the domain name before the owner of the mark in order to
prevent the original owner (Compliant) from registering that domain name.

 If the registrant has been using the domain name to attract innocent internet users
to the name and reputation of the Complainant by causing confusion as to any
affiliation or sponsorship between the Registrant and the Complainant. For
example, if you are the owner of APPLE and someone registers a domain name
APPLEESTORE.IN and on its website provides links to its competitor’s goods
and services, i.e. provides details and links to the mobile phones of Samsung and
OnePlus. It will be considered as registering and using it in bad faith.
PROTECTION OF DN’s IN INDIA
The domain names as trademarks or service marks are registered and protected at the entire
global level supremely by only one organization which is ICANN [Internet Corporation for
Assigned Names and Numbers] along with the national and international protection under the
directly concerned national Trademark Law and diverse International Trademark Treaties of
the world.

In India, domain names may be granted protection as a trademark or service mark under the
provisions of Trademarks Act, 1999 (hereinafter referred to as “the Act”), provided that the
domain name fulfils all requirements to be properly registered under the Act (as enumerated
above). Once registered, the registered proprietor of a domain name will have all those
legitimate rights and authorities which are commonly availed by the owners of registered
trademarks or services marks in India. This also includes the right to sue for infringement or
passing off.

1. For infringement: Any person violating a domain name which is registered as a valid

and subsisting trademark under the Indian Trademark Law will be held liable for
infringement of Trademark under section 29 of the Act.

2. For passing off: an owner of a trademark who has not registered his mark is also
entitled to protection of his mark if he is the prior user, his mark has acquired
distinctiveness and there is misrepresentation by anyone else with regard to his goods
which is likely to deceive the relevant public.

The Bombay High Court in People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors.[6],
dealt with a passing off dispute between shaadi.com and secondshaadi.com. The court ruled
in favour of the defendants and held that the word “shaadi” is generic and commonly
descriptive. The court held that acquiring a secondary meaning would necessarily imply that
the word has transcended its original connotation and references exclusively in the public
mind the particular holder of the mark; the primary meaning must have been lost. This was
not the case here, said the court, as the only primary meaning was the destination on the
internet.

In 2018, in Bigtree Entertainment v Brain Seed Sportainment[7], the Delhi High Court
recently denied the Plaintiffs, proprietors and owners of the website bookmyshow.com, an
interim injunction against the Defendant’s use of the domain bookmysports.com. The court,
considering that prefix BOOKMY of the Plaintiff’s trademark BOOKMYSHOW
was descriptive, not an arbitrary coupling of words and the Plaintiff’s failure to
prove that “BOOKMY” has acquired distinctiveness or secondary meaning, dismissed
the application for interim injunction filed by the Plaintiffs.

Hence, it is abundantly clear that domain names serve as important elements in trade and any
commercial activity on the internet. Especially, for those businesses, who work solely on the
online platform, protection of their domain names is of paramount importance. Since, domain
names transcend geographical boundaries, a harmonious international law on protection of
domain names is essential, in addition to the protection offered by Trademark Law in various
jurisdictions individually.

In India, the Trademarks Act, 1999, confer protection to the domain names in the world.
Thus, registered domain names can obtain the protection of trademark infringement, and the
unregistered domain name can get the protection of passing off under the Act.