Domain Names
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…
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.…
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…
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…
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…
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…
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…
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…
Domain names and trademarks - What happens when there's a dispute?
Nowadays, the Internet has become the most popular medium for commercial organisations to promote themselves. This is because the internet has no boundaries or closing hours. Every person who wishes to use the internet as a medium needs a domain name. A domain name is nothing but a network address…
5 common defenses I’ve heard domain squatters use during negotiation
There’s an instinct within most us that prompts us to lie or state the most ludicrous things when accused of being in the wrong. This primordial feeling (which may be what helped us survive) of justifying and rationalizing one’s actions is most evident in negotiations with trademark infringers and…