Domain Name Dispute Cases In India

All domain name registrars must follow the icann s uniform domain name dispute resolution policy udrp indian legislation cybersquatting has been defined as an act of obtaining deceitful registration with an intent to trade the domain name to the legal owner of the name at a premium according to the court in the case of manish vij v. In dispute resolution policy in response to these issues the in dispute resolution policy indrp was formulated by the in registry for the domain name dispute resolution in india. Domain name dispute resolution in india with the advance of e commerce in india disputes relating to domain names are on the rise.

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Domain name dispute cases in india. There are 49655 domain dispute cases. The indrp claims to be in line with internationally accepted guidelines and relevant provisions of the indian information technology act 2000. Sap se germany respondent. Ex parte facts of the case.

As far as proceedings for domain name dispute is concerned it is very difficult and cumbersome to ascertain the jurisdiction as internet is a global medium. Protection of domain name in india in india domain names may be granted protection as a trademark under the provisions of trademarks act 1999 provided that the domain name fulfils all requirements to be properly registered under the act. Cybersquatting is a type of domain name dispute which is prevalent in the world. 23 january 2016 disputed domain.

While the indrp and the udrp follow similar procedures the indrp remains unique and is distinct from the udrp. Raghava india ex parte contested. They may resort to the uniform domain name dispute resolution policy. A proceeding will have to be initiated in every country where country code top level domain cctld is registered.

Most of the domain name disputes and cybersquatting cases are dealt under the passing off when there are no specific provisions on the issue. A domain name dispute concerning the country code tld cctld name for india in is governed by the in dispute resolution policy indrp and is overseen by the national internet exchange of india nixi. Founded in the year 1972 the complainant provides collaborative inter enterprise business solutions for all type of industries and is the proprietor of the mark sap and its variants one of it is. Today 22 cases filled for 29 domain names.

It is a practice where individuals buy domain names reflecting the names of a existing companies with a. Persons aggrieved by the wrongful use of their domain names have the following two options to settle their dispute. Indrp in domain name dispute resolution policy in india. All domain name registrars must follow the icann s uniform domain name dispute resolution policy udrp.

Indrp dispute case no.