Analysis Of The Intellectual Property Rights On Domain Dispute In India
- IJLLR Journal
- Mar 12
- 2 min read
Josna Ann Bino, Christ University, Bangalore
Introduction
Domain names serve as our virtual equivalent of distinctive road signs, directing us across the wide expanse of the internet. They consist of two key parts: the Top-Level Domain (TLD), which includes well-known endings like .com and .org, as well as country-specific ones like .in for India, and the Second-Level Domain (SLD), typically tied to recognizable brands or businesses (like ‘google’ in google.com). In essence, domain names are not just simple labels; they are vital identities for businesses, organizations, and individuals navigating the online space. In a time when the internet dominates our lives, a strong domain name has become a prized asset.
The importance of domain disputes is deeply linked to trademarks, brand image, and intellectual property rights. As more businesses venture into cyberspace and domains increasingly operate as the commercial identifier which is analogous to trademarks, opportunities for domain disputes have skyrocketed. Arguably, disputes arise when the same domain name is either registered or used in such a way that infringes the right of someone else, often by resembling or imitating a trademark already registered.
Others register domain names with nefarious designs to make money and sell them back to the trademark owner at a higher price, or to steal the traffic to their advantage. This not only hurts the reputation of that firm but could also cause confusion by the customer and eventually create losses. Thus arbitration on domain name disputes is called for to ensure fairness and integrity in this new world of cyberspace and prevent fraudulent practices.
IPRs would constitute the core of the disputes over domains, especially in a dynamic environment where the protection of trademarks and brand identity becomes the new order of things. As much as domain names strictly cannot be considered equivalent to trademarks, there are times when they can be treated the same in law due to their close association with a particular business or brand. Trademarks have different national and international laws protecting them. Therefore, trademark owners may be afforded sufficient remedies against the unauthorized use of domain names infringing rights associated with trademarks.
