Conflicting 'Ventures' of Domain Names

Technology is at our fingertips today. At the ‘click’ of a button, we get the desired result that we want. It has become a silent best friend without whom human existence seems inconceivable. Nevertheless, there is always a point when, honey too can be poisonous and that’s how technology is to be perceived as well. Too much of anything is bad and it’s the worst when it is being unscrupulously copied. The current case is a classic story of conscious copying of the domain name. Before proceeding…


Cybersquatting and Fraud – Delhi HC Grants Injunctive Relief to Colgate Palmolive

In a case of fraud, the High Court of Delhi has recently cracked down on unidentified persons who solicited money deposits in the garb of job interviews for a position in Colgate Palmolive Company. In two orders dated 12 April and 15 May, 2019, the High Court of Delhi has ordered an ex parte ad interim injunction against unnamed defendants, after Colgate Palmolive filed a suit. The Plaintiff, upon being informed by members of the general public, that unknown persons had created a fake domain…


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Understanding Domain Name Disputes and Dispute Resolution Mechanism

Introduction on Domain name As per Blacklaw’s dictionary Domain Name refers to the words and characters that website owners designate for their registered internet addresses. The Internet Corporation for Assigned Names and Numbers (ICANN) manages the internet’s global domain name system. A domain name consists of a two-level hierarchy. The top-level domain name include .com, .net. org etc. This will indicate the nature of the enterprise. In addition to it, each country has been given unique…


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Acting in Dual Capacity- Barred by law?

As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate’s firm or Solicitor’s firm to act in its professional capacity for the client. Many times, besides acting as Constituted Attorneys i.e. power of attorney holders, advocates also act as the advocates on record. The legal validity of this practice, which has become customary, has been questioned and debated upon in various judgments.…


thoughtworks

Delhi High Court reverses arbitrator’s award on thoughtworks.in

The Delhi High Court recently passed an order reversing the holding of a INDRP complaint where the Arbitrator passed an award against Thoughtworks Incorporated, a US company in favour of Super Software Private Limited, an Indian company with regard to the ownership and use of the domain www.thoughtworks.in The INDRP Complaint Thoughtworks Inc. filed an INDRP complaint on the 5th of May, 2015 to recover the domain [thoughtworks.in] from the Super Software on the grounds that the trademark…


domain name squatting cybersquatting

The Case of the Innocent Domain Squatter

We all have different reasons for getting into the study and practice of law. Regardless of whether you have parents/family members with a thriving practice who need an heir, to not getting into any other course or if you’re like me, and read too many Erle Stanley Gardners at some point in law school and when you step into a Court, the urge to fight for the innocent little guy is extremely strong. Sure, the law teaches you to represent the guilty and innocent alike and that everyone is entitled…


website domain names

No Protection For Generic Domain Names

Given the augmenting cyberspace era, domain name disputes are on an ultimate rise and there have been numerous judgments pronounced on domain name disputes and majority of these disputes are focused on the interplay between trademarks and domain names. Last month we had reported a Bombay High Court judgment wherein it was held that there exists no statutory protection for domain names which may also be famous trademarks. In similar lines, the Bombay High Court has again in a dealt with the…


domain name squatting cybersquatting

No statutory protection for famous marks in terms of domain names

In the present era of widespread use of internet and domain names, the Bombay High Court recently pronounced a crucial judgement in the case of Raymond Ltd vs. Raymond Pharmaceutical Pvt Ltd, wherein it quoted: “The overall scheme of the Trade-marks Act does not provide for any statutory protection in terms of prevention of use of a domain name which may also be a famous mark.” This judgement comes forth as a decisive precedent whereby registered trademarks can be used by others as part of…


domain name squatting cybersquatting

Getting back your .com domain name through UDRP

In the present ever-evolving internet age, domain names have become an indispensable part of any business entity. Just as trademarks symbolize the brand name of a business or a product, domain names identifies or locates a business or a brand through the virtual world. With domains like iCloud.com and Fb.com selling for around 6-9 million US dollars, the importance accredited to domain names is quite evident. Domain name system and disputes are administered by the Internet Corporation for…


website domain names

Introduction to domain dispute resolution in India

All domain registrations and disputes relating to .in domains are regulated by the .IN Registry. .IN registry is a part of the Nation Internet Exchange of India (NIXI) which is a not-for-profit organisation facilitating exchange of domestic Internet traffic. IN Domain Name Dispute Resolution Policy (INDRP) lays down the rules and regulations (Dispute Resolution Policy and Rules of Procedure) for resolving disputes arising out of registration and use of the .in domain name. In case of domain…