Earlier, we looked into how trademarks could protect domain names on this blog, but domain name registration is also stands on its own, with its own rules and procedures.
The Delhi High Court in Dabur India case remarked that although Domain Name Registrars (DNRs) are intermediaries as defined by the Information Technology Act of 2000, they are not adhering to the requirements relating to the grievance redressal system and appointment of grievance officers set forth under the IT Rules of 2021. The Court also pointed out that making the “privacy protect” feature the default choice makes it difficult for litigants to track down wrongdoers and stop the practise of violating people’s privacy.
Cases under INDRP
Reverse Domain Name Hijacking (RDNH)
Tickets International LLP filed a complaint against India Portal under the Indian Domain Name Dispute Resolution Policy (INDRP) alleging that the respondent’s registration and use of the domain name “ticketgoose.in” was identical or confusingly similar to its registered trademark “Ticket Goose” and that the respondent had no legitimate interest in the domain name. The respondent did not file a response, and the Arbitration Panel found in favor of the complainant, ordering the transfer of the domain name “ticketgoose.in” to Tickets International LLP.
Concurrent Proceedings INDRP and Civil Procedure
The Delhi High Court ruled in Citi Corp and Anr. vs. Todi Investments and Anr. that the overall design of the INDRP demonstrates that the remedies available under the said policy are of a very limited nature and only call for the deletion or transfer of the domain name. Hence, it is not a stretch of the imagination to say that the policy contains the mechanisms necessary to grant the plaintiffs substantial and comprehensive relief; as a result, civil court jurisdiction is not ousted.
The Future of Domain Name Dispute Resolution
In conclusion, it is clear that arbitration processes, as provided for in the INDRP, are a much-desired alternative for the settlement of domain name disputes for harmed parties who do not want to take part in drawn-out judicial proceedings before courts.
Thus, it is vital that immediate action be taken against cyber-squatters. Although the INDRP’s reach is constrained, it offers a transparent and efficient procedure for resolving domain name disputes. To resolve a trademark or domain name infringement, however, parties must go through the Indian courts rather than starting an INDRP lawsuit if both parties can demonstrate a valid interest. Legislators must therefore take improvement in the registration process into consideration in light of the growing problems with cybersquatting and domain name hijacking.
Author: Mahima Agarwal, Legal Intern at PA Legal.
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