NAVIGATING DOMAIN NAME DISPUTES: UNDERSTANDING THE RESOLUTION MECHANISM

Abstract

The surge in internet users has amplified domain name disputes, particularly with the escalating conflicts between domain names and trademarks. While a domain name primarily serves as an internet address allocated by ICANN (Internet Corporation for Assigned Names and Numbers), trademarks signify a service or product origin. In India, legislative gaps exist regarding explicit domain name dispute resolution, despite the potential overlap with the Trade Marks Act of 1999. The Information Technology Act of 2000, focused on cybercrimes, curiously omits provisions for domain name disputes and cybersquatting. Victims might find recourse under the Trade Marks Act, considering domain names as trademarks based on usage and brand recognition. However, not all domain names enjoy trademark protection.A domain name, comprising three parts, stands as a unique internet address, simplified for human memory and translated to an IP address through the Domain Name System (DNS). Conversely, trademarks distinguish goods or services' origins or defined qualities. To utilize a trademark as a domain name, owners must register it with an ICANN-accredited registrar. While a domain name functions as an internet identifier, it isn't inherently a trademark. The conflict often arises between business interests and the use of names.