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Domain Name Disputes & Strategy

In an increasingly online-first world, a domain name is more than just a web address — it is an extension of your brand identity. Disputes over domain names, including cases of cybersquatting, bad faith registration, or infringement of trademark rights, have become frequent and complex.

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Understanding the legal framework governing domain name disputes in India and crafting a sound domain protection strategy is vital for any brand with an online presence.

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Legal Framework for Domain Name Disputes in India

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​Domain name disputes in India are primarily addressed under the .IN Domain Name Dispute Resolution Policy (INDRP), administered by the National Internet Exchange of India (NIXI). Additionally, disputes involving generic top-level domains (gTLDs) — such as .com, .org, .net — are resolved through the Uniform Domain Name Dispute Resolution Policy (UDRP) administered by ICANN.

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While domain names are not trademarks in themselves, Indian courts have consistently recognized that domain names can function as trademarks when they acquire distinctiveness and brand recognition. Unauthorized use or registration of confusingly similar domain names may give rise to legal remedies under trademark law, passing off, and cybersquatting jurisprudence.

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Common Types of Domain Name Disputes​

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  • Cybersquatting

Registration of domain names in bad faith with the intent to sell them back to the rightful brand owner or to divert traffic. This is prohibited under both INDRP and UDRP frameworks.

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  • Typo-squatting & Brand Dilution

Registering similar domain names with minor spelling variations to mislead consumers or exploit search engine confusion.

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  • Trademark-Infringing Domain Names

Using a domain that incorporates a registered or well-known trademark can lead to disputes under the Trade Marks Act, 1999 and common law of passing off.

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  • Reverse Domain Name Hijacking

Situations where legitimate domain name owners are wrongly accused by trademark holders attempting to take over domains.

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Dispute Resolution Mechanisms

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  • INDRP Proceedings (India)

For .in domain disputes, complaints can be filed before arbitrators appointed by NIXI. Remedies may include cancellation or transfer of the domain name.

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  • UDRP Complaints (Global gTLDs)

Under the Uniform Domain-Name Dispute-Resolution Policy, disputes involving global domains (.com, .net) can be addressed via ICANN-recognized arbitration centers such as WIPO or Asian Domain Name Dispute Resolution Centre.

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  • Civil Litigation

In cases involving fraud, trademark infringement, or commercial loss, brand owners may also initiate suits for injunction and damages before Indian courts with jurisdiction.

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Strategic Considerations for Domain Name Protection​

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  • Conduct Domain Availability & Risk Assessments before brand launches

  • Register core domains proactively across major extensions (.in, .com, .net, .co, etc.)

  • Secure defensive registrations for common misspellings or regional variants

  • Monitor domain activity and trademark watch notices for potential misuse

  • Maintain IP portfolios in alignment with domain holdings

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Relevant Laws & Policies​

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  • Trade Marks Act, 1999

  • Information Technology Act, 2000

  • INDRP Rules & Guidelines (NIXI)

  • UDRP (ICANN)

  • Indian court precedents on domain and trademark rights​​​

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