The document discusses domain names and the challenges surrounding ownership disputes, particularly in the context of branding and trademark rights. It outlines common issues such as cyber squatting and the legal frameworks for resolving disputes, including the Uniform Domain Name Dispute Resolution Policy (UDRP) for generic top-level domains and the .in Dispute Resolution Policy (INDRP) for country code top-level domains. The procedures for resolving disputes, particularly in India, are detailed, emphasizing the roles of complainants and the arbitration process.

1. DOMAIN DISUPTEE
IPT 3002
SCHOOL OF MANAGEMENT
By Anand Sapruu
At:10:00AM to 1:00PM
Admission number: 15160601
Enrolment No.: 151010201001

2. We are Going to Learn About
1. Introduction Domain Name
2. Owning a website and company’s online
Branding Strategy
3. Common Phenomenon of Domain Name
Disputes
4. Preventing Domain Name Theft
5. Types of Domain Name Disputes
6. gTLDs include .com, .net and .ord.
7. ccTLD includes .in, .uk and etc.
8. Dispute Resolution Procedure for ‘.in’ Domains

3. • The initial step an organization takes towards
building up its quality in cyberspace is the
determination of an Domain name.
INTRODUCTION

4. Owning a website and company’s
online Branding Strategy
• The Problem of Domain Name Disputes starts
when a domain name that should have been
rightfully yours is already bought by someone
else. Who is willing to sell you, what should
actually be yours.

5. Common Phenomenon of Domain
Name Disputes
• Usually what happens is that there are third
parties (cyber squatters), who buy domain
names that have a good probability of being
bought by companies, and these domain
Name are sold to them at a very high amount.

6. Continue…
• Some Individuals also bank on the fame of others
website by using similar using domain names.
• A popular Example of Domain name disputes in
India is that of Yahoo Inc. Vs Aaksah Arora the
defendant.
• A domain name registrant does not obtain any
legal right to use that particular domain name
because the registered domain name could make
him liable for trademark violation.

7. Preventing Domain Name Theft
• Companies and trademark holders have a
moral obligation of not only protecting their
brands but also preventing their misuse.[1]
• Domain name theft also ruins the image of
the original brand.[2]

8. Types of Domain Name Disputes

9. • The Uniform Domain Name Dispute
Resolution Policy (UDRP) governs domain
name disputes concerning generic top level
domain (gTLD) names.

10. Continue…
• Domain name disputes related to country
code TLD (ccTLD) name like, .in for INDIA are
entertained by National Internet Exchange of
India (NIXI) and are governed by the .IN
Dispute Resolution Policy (INDRP).

11. gTLDs include .com, .net and .ord.
• These domian names are resolved under the
UDRP policy wherein a complaint is filed with
any ICANN accredited dispute resolution
service provider such as the National
Arbitration Forum (NAF), then CPR institute
for Dispute Resolution and the World
Intellectual Property Organization (WIPO).

12. ccTLD includes .in, .uk and etc.
• A complainant can file a complaint with National
Internet Exchange of India (NIXI) for domain name
dispute resolution under the INDRP policy on the
following grounds:
1. The Domain name under dispute is deceptively
similar or identical to his trademark.
2. The current holder of the domain name has no
legitimate interests or rights with respect to that
domain name.
3. The registration and use of the domain name by the
present owner is in bad faith.

13. Dispute Resolution Procedure for
‘.in’ Domains

14. 1. A Complain has to be filed with the .IN Registry
upon paying a certain fee.
2. The complainant can ask for transfer of the domain
name registration to him or cancellation of the
domain name.
3. .IN Registry appoints an Arbitrator from a list of
arbitrators published at http://www.registry.in/.
4. The arbitration proceedings are carried out by the
arbitrator in accordance with the IDRP policy and
rules and the Arbitration or Conciliation Act 1996.

15. 5. The Registrant of the domain name against whom
the complaint is made is mandatorily required to
cooperate with the arbitration proceedings. He
cannot transfer the registration of the domain name
to anyone else for 15 working days after the
proceeding is concluded and also during a pending
case.
6. The complaint is resolved by the Arbitrator as per
applicable policies. The decision is then published on
the internet.

16. Referral Links
• http://www.registry.in/
• http://www.wipo.int/amc/en/domains/
• https://www.icann.org/resources/pages/dndr-
2012-02-25-en
• http://www.google.com/domain_Name/
• Wikipedia for reading material.