Someone has registered a domain using your brand. You usually don’t need a full court case to get it back — a fast administrative process (UDRP globally, INDRP for .in) decides most of these disputes.
Where disputes come from
A domain name is the address of a website, managed globally through ICANN. It has levels — a top-level domain (.com, .net, .org) or country code (.in for India) — and a second level (e.g. “google” in google.com), which usually reflects a business name or trademark. Disputes arise at the second level, because identical names cannot coexist under the same TLD.
Registration through ICANN-accredited registrars (GoDaddy and others) is first-come, first-served — which invites registrations with no legitimate intent (cybersquatting).
What you must prove
To recover a domain, a trademark owner must show the registrant:
- uses a domain identical or confusingly similar to the owner’s mark;
- has no legitimate interest in it; and
- registered/used it in bad faith.
(A domain can itself attract trademark protection if it meets the usual criteria.)
The resolution routes
- UDRP (Uniform Domain-Name Dispute-Resolution Policy) — all registrars follow it for trademark-related disputes over generic TLDs; a registered mark owner files a complaint.
- INDRP (.IN Dispute Resolution Policy) — for .in domains, administered under NIXI, via arbitration under the Arbitration and Conciliation Act, 1996. Registering a
.indomain with a NIXI-accredited registrar agrees you to INDRP.
These are administrative proceedings — faster and cheaper than court.
Defences and remedies
- Registrant defences: genuine use for goods/services, being commonly known by the name, or fair, non-commercial good-faith use.
- Remedies: a successful complaint leads to suspension or transfer of the domain to the rightful owner. For an injunction or damages, the owner can still bring a civil suit.
Practical guidance
- Act on the three-part test — assemble evidence of your mark, the registrant’s lack of interest, and bad faith (e.g. offers to sell, diversion, pattern).
- Pick the right forum — INDRP for
.in, UDRP for generic TLDs. - Consider a civil suit in parallel where you need money damages or a broader injunction.
Frequently asked questions
How do I get back a domain that uses my trademark? File a UDRP complaint (generic TLDs) or an INDRP arbitration (.in), proving the domain is identical/similar to your mark, the registrant has no legitimate interest, and it was registered in bad faith.
What is the difference between UDRP and INDRP? UDRP is the global policy for generic TLDs; INDRP is India’s policy for .in domains, run as arbitration under NIXI.
What must I prove to win? Three things: confusing similarity to your mark, the registrant’s lack of legitimate interest, and bad-faith registration/use.
Can I also sue in court? Yes — for an injunction or damages you can bring a civil suit alongside or instead of UDRP/INDRP.