Role of Arbitration in Resolving Domain Name Disputes: Position in India | Law Optional Notes for UPSC PDF Download

Importance of Trademarks in the Online Marketplace

• Trademarks play a vital role in the online business landscape, allowing owners to distinguish their products or services from competitors.
• Businesses are increasingly leveraging the reputation of their trademarks in the digital realm.
• Domain Name System (DNS) facilitates this process by providing user-friendly names to internet resources identified by numerical IP addresses.
• DNS simplifies the task of recalling websites by replacing complex IP addresses with easy-to-remember domain names like www.your-company-name.net.
• Domain names are now significant business identifiers in the internet-driven market, impacting brand building, advertising, and search engine optimization.

Domain Names

• Domain names refer to the specific words and characters assigned by website owners for their registered web addresses.
• The Internet Corporation for Assigned Names and Numbers (ICANN) oversees the global domain name system.
• Domain names consist of a two-level hierarchy, with top-level domains like .com, .net, and .org indicating the nature of the entity.
• Each country has its unique domain names, such as .in for India and .ca for Canada.
• The second-level domain name typically represents the business, entity, or organization's trade name or trademark.
• Conflicts regarding domain names often arise concerning the second-level domain, as two identical second-level domain names cannot coexist under the same top-level domain.

Domain Name Registration

• To register a domain name, one must go through ICANN via a Registrar like GoDaddy. Registrars are authorized by ICANN to allocate domain names on a first-come, first-served basis, which can lead to domain names being registered without genuine intent of use.

Domain Name Dispute

Domain names are crucial for businesses as they help the public identify them. Disputes arise when a party registers an existing trademark as their domain name. It is crucial that the complainant's trademark is similar to the contested domain name.

• Legal Protection: Domain names can be registered and protected as trademarks at national and international levels, but they must meet the necessary trademark standards.
• Resolution Methods: Various methods have been used to resolve domain name-trademark disputes, from enacting new legislation to leveraging existing trademark laws. However, these methods have been insufficient for disputes with international components.
• International Resolution System: In response to the inadequacy of existing methods, the NTIA of the US Department of Commerce initiated steps towards establishing an international domain name disputes resolution system.

Management of Internet Names and Addresses

• The National Telecommunications and Information Administration released a White Paper urging the US government to engage WIPO in resolving domain name trademark disputes.
• WIPO conducted a study which included 17 consultative meetings in 15 different cities worldwide, receiving 334 written submissions from various entities.
• A report on Intellectual Property Issues related to Internet Names and Addresses was prepared by WIPO and published on 30 April 1999.
• This report paved the way for the establishment of ICANN to manage the domain name system.
• ICANN, in collaboration with WIPO, developed the Uniform Dispute Resolution Policy (UDRP) for resolving domain name disputes.

Dispute Resolution Policy

• When it comes to domain name disputes, all registration centers are required to adhere to the Uniform Domain Name Dispute Resolution Policy (UDRP). This policy handles conflicts that arise concerning any domain name. A holder of a registered trademark can file a complaint under the UDRP. The procedural rules dictate how to initiate and conduct the process under the UDRP.
• In India, the Indian Dispute Resolution Policy (INDRP) oversees domain names registered under the .in Internet domain. Disputes involving the registration of .in domain names are resolved in accordance with the INDRP Rules. The INDRP Rules of Procedure, endorsed by the National Internet Exchange of India (NIXI), a non-profit organization facilitating the exchange of domestic internet traffic, mandate that disputes related to domain names registered with NIXI-accredited registrars must undergo mandatory arbitration proceedings as per the Arbitration and Conciliation Act, 1996.
• By registering the disputed domain with the NIXI-accredited registrar, the domain name owner has agreed to abide by the resolution of domain name disputes as per the INDRP and the rules established therein. The processes outlined in these dispute resolution mechanisms are administrative in nature.

Lawful Remedies

• In order to effectively challenge a domain name, the trademark owner must demonstrate that the domain name registrant has used an identical or confusingly similar trademark to that of the complainant. Additionally, the complainant must prove that the registrant of the domain name has no legitimate interest in the domain and that it was registered in bad faith.
• To successfully defend against a domain name complaint, the registrant must show that they are using the domain name in connection with goods or services, or that the domain name or its goods and services have become commonly associated with the second-level domain name. Alternatively, they can demonstrate that they are using the domain name for fair and non-commercial purposes with a genuine intent.
• If the challenge is successful, the domain name may be suspended or ownership rights transferred to the rightful owner. To obtain damages or relief, the trademark owner can file a lawsuit in civil court.
• With the growth of online business, protecting a business's trademark on the internet has become crucial. Domain name disputes now resemble internet trademark infringement cases more closely. However, it is easier to identify trademark infringement online for trademark owners compared to physical infringement, as websites can be accessed globally. In the majority of cases, the arbitral panel or court has ruled in favor of the trademark owner.