2. Domain Name
Levels of Domain Name
ICANN
Domain names: Addresses
or Trademarks?
Domain Name Disputes
Types of Domain Name
Disputes
Remedies
3. With the advancement of new technology, every person
wants to have access cyber world.
To navigate through this vast global collection of
intercontennected computer networks (the internet), the
domain name system (DNS) was invented.
Domain names are now highly visible in real space as
well- showing up a television commercials, billboards,
magazine ads, and even the side of buses.
4. Domain names is primarily used to identify one computer from
the millions of others connected to the internet enabling users
to send e-mail, to access web pages, to transfer files.
No two people can have the same telephone number and No
two organizations can have the same domain name .
An IP address consists of multiple levels identified by
both, numbers and names. The number consists of four parts
separated by periods (dots).
For e.g. “173.0.133.225”- www.symlaw.ac.in (string number)
5. A domain name can be categorically divided into two levels.
1) Top- level domains (TLD) divided into:
Two-letter country codes (ccTLD) according to the ISO 3166
Standard (such as .in for India, .ar for Argentina, .fr for France; etc.)
As of October 2009, there are 21 generic top-level domains
and 250 two-letter country-code top-level domains.
Three-letter generic top level domains (gTLD) of which
important are:
.com .org .net .edu .gov .mil .int
For eg: (www.symlaw.ac.in)- .in
6. 2) Second- level domains(SLD):
Under gLTDs, second level domains are chosen by the
applicant; below the top-level domains in the domain
name hierarchy are the second-level domain (SLD)
names. These are the names directly to the left of
.com, .net, and the other top-level domains.
For e.g. .symlaw.ac
SLD is more essential for our part of the
discussion, because domain dispute arises here only.
7. interNIC -internet network information center (“interNIC”) maintains and administers the
central database of all internet domain names
NSI (US department of commerce)- first come, first served
basis- interNIC granted Network Solutions Inc. (NSI) the exclusive authority to register domain
names in the .com, .net and .org TLDs on behalf of the U.S Department of Commerce.
In November 1998, Internet Corporation for Assigned Names
and Numbers (ICANN) was formed to assume responsibility
for the IP address allocation, protocol parameter assignment,
domain name system management, and root server system
management functions and it is located in california.
Restrictions for registration.
8. Active TLD
100,349,876 .Com
14,493,834 .Net
9,782,733 .Org
8,266,234 .Info
2,193,976 .Biz
1,757,316 .Us
136,976,619 Total
Last Updated : 2012-01-30
9. As trademark is used to distinguish the goods and
services of one trader and it lets the general public
associate the mark with any identity, it is defined as a
source identifier.
In a similar manner, with the increase of commercial
activities on the internet, the domain name is also used
as a business identifier.
In the landmark case of Rediff Communication Ltd V
Cyberbooth(AIR 2000 Bom 27), the court held that the
domain name is a symbol that helps to ascertain the
affiliation or association with its owner.
10.
11. There are four types of domain name
disputes:
Cybersquatting,
Profit Grabbing,
Misspellingand
Identical Domain Name,
Concurrent Claims.
12. Cybersquatting refers to the practice of domain names
reflecting the names of existing companies, with an
intention to sell the names back to businesses for a profit
when they want to set up their websites.
IN USA:
Doctrine of Dilution.
Anti-cybersquatting Consumer Protection Act (ACPA).
IN INDIA:
cybersquatting has not been brought within the purview
of the IT Act, In case of judicial challenges in Indian
courts concerning infringement of trademarks by use of
domain names.
13. Bisleri Case:
In an Indian cybersquatting case also, popularly known
as Bisleri case [Acqua Minerals Ltd. V Pramod Borse,
2001 PTC 619 (del)]:
www.bisleri.com
Mr. Arun Jaitley Vs. Network Solutions Private Limited
and Ors. (181(2011) DLT716 :
Decided On: 04.07.2011, before Delhi High Court.
www.arunjaitley.com
14. In this kind of domain dispute, the defendant indulges in
the registration of a domain name similar to the other’s
same or confusingly similar trademark or tradename, in
order to gain profits out of such business.
Satyam Infoway Ltd. V Sifynet Solutions Pvt. Ltd:
(2004) 6 SCC 145
www.sifynet.com www.siffynet.com
www.sifyrealestate.com www.siffynet.net
www.sifymain.com
15. With the increase in business opportunities on
Internet, many people tend to register domain
names, which appear to be similar to that of the already
registered domain names.
It leads to confusion and misrepresentation in the minds
of the general public with regard to the owner of such
domain name.
Yahoo! Inc. Vs Akash Arora [1999 (19) PTC 210 (Delhi)]:
This case is to be considered as the first domain case in
India decided by Supreme Court.
www.yahoo.com www.yahooindia.com
16. Rediff Communication Ltd. V Cyberbooth (AIR 2000
Bom 27):
www.rediff.com www.radiff.com
Info Edge (India) Pvt. Ltd V Shailesh Gupta 2002 (24)
PTC 355 (Del)
www.naukri.com www.naukari.com
17. Concurrent claims arise when two legitimate parties are
involved in a dispute over a domain name, where each
party claims that they are the true and legitimate owners
of the acquired domain name, without any intention to
pass off.
Nissan Motors Co. Ltd. Vs Nissan Computer
Corporation:
www.nissan .com www.nissan .com
www.nissan.net www.nissan.net
18. URDP- Uniform Domain Name Dispute Resolution Policy
is a policy adopted by ICANN that provides a mechanism
for trademark owners to obtain domain names from cyber
squatters.
The first dispute under the ICANN policy was decided on
January 14, 2000, and has been published by the
WIPO, which provided the single panelist.
World Wrestling Federation Entertainment Inc. Vs
Michael Bosman.
19. Disputes over web addresses are gaining ground in india
over the past few years.
Along the lines of the Anti Cybersquatting Act of the US
and there by send a strong signal to the cybersquatters
that we are not going to take intellectual property
violations in the cyberspace lightly.
20. Domain Names, Global Practice and Procedure. Sweet &
Maxwell 2000.
Copyright and Trademark Laws relating to computers by
Pankaj Jain and Pandey Sangeet Rai.
Trademarks, the emerging cyber property rights by V.K.
Unni.
Law of Trademarks and Passing off by P. Narayanan.
