Trademark and Domain Name Disputes in India: A Critical Analysis of UDRP & Legal Strategies

Domain Names are embodied to play a dual role in today’s internet based or driven marketplace – to map IP addresses & to act as an identifier of a company’s trademark. Unlike the trademarks, the protection of domain names under the legal mechanisms (laws) of a country is inappropriate or ineffective. There is a lack of uniformity to ensure the protection of domain names among the legal framework of various nations. With an aim to protect the domain names or ensure the resolution of domain name disputes, Uniform Domain Name Dispute Resolution Policy (UDRP) was founded under an US based organization is Internet Corporation for Assigned Names and Numbers (ICANN). In this research paper various categories of domain name disputes are critically analysed and identified as well. UDRP’S application, procedure to register a domain name & dispute resolution service process are also analysed, examined and intensively discussed in this research paper. Notable cases and their outcomes pertaining to the major domain name disputes resolved under the World Intellectual Property Organization (WIPO) are also critically analysed. It has been explored that the UDRP is applicable to the generic top level domain names (gTLD’s), in other words UDRP’s applicability extends to the (gTLD’s) but, it’s relevancy for country code top level domains (ccTLD’s) is much lesser as compared to former. The losing party still has an option to file an appeal to the court of a competent authority or jurisdiction in matters related to the (gTLD’s) and new (gTLD’s). However, this option is not opted for or exercised frequently (seldom exercised). With a view to protect the domain names in an appropriate manner, there is a need to make the domain name laws of various nations uniform. ICANN needs to formulate a model domain names disputes resolution legal mechanisms for the adoption by various nations. UDRP must be strengthen too. As research proceeds, it is made apparent that existing legal instruments are ineffective in handling these disputes appropriately. Here, we will also elaborate into the various kinds of domain name disputes like “Cybersquatting”, “Typo Squatting”, “Profit Grabbing” & “Domain Names Warehousing” etc. This research paper also explores .IN Domain Name Dispute Resolution Policy (INDRP) in India.