Domain Name Registration in India
India’s top-level domain names on the Internet are .IN and .CO.IN. Just like .COM, .IN and .CO.IN can be used for e-mail, Web sites, and other applications. .IN and .CO.IN are unique symbols and are able to inform the public at large that the website or domain name is INDIA specific.
The top domains so registered in India are ‘.IN’ and ‘.CO.IN’ and these domains were made available to the general public only after January 01, 2005. In consonance to the UDRP, India has enacted the Indian Domain Name Dispute Resolution Policy & Domain Name Disputes (INDRP). The activities in the pertaining situation are monitored by the National Internet Exchange of India (NIXI). INDRP has been successful in eliminating the issue of the cybersquatting, the same can be understood through the provision of Paragraph 6 of INDRP which overlooks the intent of the accused infringer or respondent.
Domain name registration of .IN and .CO.IN has been made hassle-free and the procedure for domain name registration in India is quite simple and everyone has access to it. .IN domain names are obtainable for sign-up through many registrars and obtaining a .IN domain has thus become a relatively simple process.
Domain registration India- of .IN and .CO.IN are available for organizations and individuals in India and outside India. The domain registration is done by registrars appointed by .IN registry and would happen through a transparent non-biased process. To register a domain name, the registrant has to place a request online and the .IN domain name is usually registered in his name within 24 hours as per the guidelines established by the Government.
Available domain names can be searched by the Registrant here.
Domain names and Cyber squatting
One of the major issues in the field of domain name registration is cybersquatting. It refers to expeditious registration of a domains that could be so required by the other party or is evidently a well-known trademark.
Some of the case laws which dealt with the intrinsic issue of cybersquatting in India are enumerated below:
Satyam Infoway Ltd v. Sifynet Solutions Pvt Ltd;- provides an imperative standpoint on the pertinent matter. The Hon’ble Court recognized, “Since the internet allows for access without any geographical limitation, a domain name is potentially accessible irrespective of the geographical location of the consumers. The outcome of this potential for universal connectivity is not only that a domain name would require worldwide exclusivity but also that national laws might be inadequate to effectively protect a domain name“.
One of the controversies that arise in the protection of the domain name in the sphere of trademarks is that the domain names are universal in nature and the trademarks laws are restricted to the specific countries that are enacted in. For the same, subsequently, in the Satyam Infoway Ltd Case the court further observed, “The Trade Marks Act, 1999 itself is not extra territorial and may not allow for adequate protection of domain names, this does not mean that domain names are not to be legally protected to the extent possible under the laws relating to passing off“.
Similar situation arose in the case of Morgan Stanley v. Bharat Jain and the Hon’ble Court held in favor of the registered trademark holder.Related articles
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