Domain names: registration, cybersquatting and dispute resolution

1. What a domain name is

Every computer on the internet has a numerical Internet Protocol (IP) address. A domain name is the easy-to-remember name that the Domain Name System (DNS) translates into that address: in www.example.co.in, “.in” is the top-level domain and “example” the second-level domain chosen by the registrant.

• Generic top-level domains (gTLDs): .com, .org, .net, .info and many newer ones.
• Country-code top-level domains (ccTLDs): .in for India, .uk, .us and so on.

The system is coordinated globally by the Internet Corporation for Assigned Names and Numbers (ICANN). The .in domain is managed by the .IN Registry, operated by the National Internet Exchange of India (NIXI), a not-for-profit company set up under the Ministry of Electronics and Information Technology.

2. Registration of domain names in India

• The applicant chooses a registrar accredited by the .IN Registry (or by ICANN, for gTLDs).
• He checks availability. Registration is on a first come, first served basis; there is no examination for conflict with trade marks, unlike the Trade Marks Registry.
• He gives registrant details (name, address, contact), agrees to the registration terms, which include submission to the dispute resolution policy, and pays the fee.
• The name is registered for a period of one to ten years and must be renewed; an unrenewed name lapses and can be taken by anyone.
• The registrant’s details are recorded in the WHOIS database, subject to privacy settings.

Because there is no prior examination, anyone can register a name that matches another person’s trade mark. That is the root of the disputes.

3. Domain names as trade marks

A domain name was originally only an address. It has become a business identifier: people find a company by typing its name followed by “.com” or “.in”. In Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd., 2004 INSC 368, (2004) 6 SCC 145, the appellant had registered “sifynet.com” and other “sify” names in 1999 and was well known by that name; the respondent later registered “siffynet.com” and “siffynet.net” for internet marketing. The Supreme Court held:

• a domain name has all the characteristics of a trade mark and identifies the source of services; it is entitled to protection by an action for passing off;
• the “sify” name had acquired goodwill, the respondent’s name was deceptively similar, and internet users were likely to be confused, especially since a domain name, unlike a physical shop, cannot be distinguished by other features;
• a domain name is unique worldwide, so a conflict is more serious than between ordinary marks; and
• though the Trade Marks Act is not extraterritorial and has no specific provision on domain names, its principles apply.

The respondent was restrained. High Courts had already taken this view: the Delhi High Court in Yahoo! Inc. v. Akash Arora (1999) restrained “yahooindia.com”, and the Bombay High Court in Rediff Communication Ltd. v. Cyberbooth (1999) restrained “radiff.com”.

4. Cybersquatting and related practices

• Cybersquatting — registering a domain name identical to a well-known mark or name in bad faith, in order to sell it to the owner at a high price, divert traffic, or block the owner.
• Typosquatting — registering a misspelling of a popular name (“radiff” for “rediff”) to catch users who mistype.
• Reverse domain name hijacking — a trade mark owner using the dispute procedure in bad faith to take a name from a legitimate registrant.
• Other trade mark issues online — use of another’s mark in metatags or as a keyword for search advertising, and sale of counterfeits on marketplaces. These are dealt with under sections 29 and 30 of the Trade Marks Act and passing off.

5. Resolving disputes

(a) UDRP. ICANN adopted the Uniform Domain Name Dispute Resolution Policy in 1999, binding on all registrants of gTLDs through their registration agreement. The complainant must prove that:

• the domain name is identical or confusingly similar to a trade mark or service mark in which he has rights;
• the registrant has no rights or legitimate interests in the name; and
• the name has been registered and is being used in bad faith (for example, offering to sell it to the owner, or using it to attract users by confusion).

Complaints are decided by panels of approved providers, the largest being the WIPO Arbitration and Mediation Center. The only remedies are cancellation or transfer of the name; there are no damages. The procedure is quick (about two months), cheap and online, and the parties may still go to court.

(b) INDRP. For .in names the .IN Registry has the .IN Domain Name Dispute Resolution Policy (2005), modelled on the UDRP. A complaint is decided by an arbitrator appointed by the Registry from its panel, under the Arbitration and Conciliation Act, 1996. The grounds and remedies follow the UDRP.

(c) Courts. A trade mark owner may sue for passing off (as in Satyam Infoway), or for infringement if the mark is registered and the domain name is used in the course of trade for the same or similar goods or services. Courts grant injunctions, order transfer of the domain name, and direct registrars to suspend infringing names.

6. Domain name and trade mark compared

• A trade mark is registered after examination, for particular classes of goods or services; a domain name is registered without examination, for no particular goods.
• Identical trade marks can coexist for different goods or in different countries; a domain name is unique worldwide within its top-level domain.
• Trade mark rights are territorial; a domain name is accessible everywhere.
• A trade mark can be infringed by a similar mark; a domain name system accepts any name that differs by one character.

How this is examined

August 2024: “What do you mean by domain name? Explain the procedure of registration of domain names in India.” January 2026: a short note on “domain name dispute”. For the essay, sections 1 to 3, with a paragraph on disputes. For the note, cybersquatting, the three UDRP elements, the INDRP, and Satyam Infoway.