Blog Details

A domain name, also known as a Uniform Resource Locator (URL), is a combination of alphanumeric characters used to identify and locate a specific location on the internet. It serves as the unique identity for a website and is of significant importance for small businesses aiming to establish their presence online. It should be noted that two organizations cannot have the same domain name.

PURPOSE

A domain name serves a similar purpose in the online realm as a trademark does in offline business transactions. It enables customers to identify the source of goods or services provided by the respective owner. Consequently, domain names hold great significance in the world of online businesses. The importance of domain names can be attributed to the following factors:

1. Business Promotion: Domain names facilitate the promotion of a business and help build a customer base both online and offline through web advertising.

2. Establishing Credibility: Having a domain name establishes credibility for a website and the associated business in the online sphere.

3. Easy Customer Access: Domain names enable easy access for customers and potential customers to reach a business's website.

4. Trademark Registration: Domain names can be registered as trademarks at the national and international levels, subject to fulfilling the necessary requirements for trademark registration.

5. Source Identification: To be registered as a trademark, a domain name must act as a reliable identifier of the business's goods or services on the internet.

6. Uniqueness: A domain name seeking trademark registration should be distinct from other well-known trademarks and domain names on the internet. This ensures it does not deceive or mislead customers of other companies and complies with morality and public order.

In summary, domain names play a crucial role in online businesses by promoting the brand, establishing credibility, providing easy access to customers, and offering the opportunity for trademark registration, provided they meet the necessary criteria.

INFRINGEMENT

The last few characters of a domain name, such as .com, .in, .org, are referred to as the top-level domain (TLD). Different TLDs have specific meanings or associations. For instance, .org is commonly used for nonprofit or cultural organizations, .gov indicates a governmental site, and .net is often utilized by network-related businesses. Additionally, country codes like .us for the United States and .au for Australia are used as TLDs.

Initially, the domain name registration system operated on a "First come First serve" basis, where the registrant authority, initially Internic, did not verify the ownership of the name. This approach resulted in market chaos. However, as the internet gained popularity, large companies sought to establish their own websites and often encountered the issue of their desired domain name already being registered. In such cases, companies had to negotiate and sometimes pay exorbitant prices to acquire the desired domain name.

The rising expenses associated with purchasing previously registered domains led to trademark owners in the 'Meta society' joining forces and asserting that their intellectual property rights should extend to domain names. As a result, the act of registering domain names without any intention of using them has been identified as cybersquatting.

PROTECTION TO DOMAIN NAME IN INDIA

India does not have specific laws solely focused on the protection of domain names, domain names can be protected as trademarks under the Trade Marks Act, 1999. Owners of registered trademarks enjoy the full scope of trademark protection, while owners of unregistered trademarks can seek protection through passing off claims.

1.     Individuals or businesses can obtain protection for newly created domain names under the Trade Marks Act, 1999, and the Trade Marks Rules, 2002. Internationally, domain names as trademarks are registered by the Internet Corporation for Assigned Names and Numbers (ICANN), in conjunction with various International Trademark Treaties and national Trademark Laws.

2.     Once a domain name is registered as a trademark under the Trademarks Act, 1999, the owner enjoys the same rights and authorities as any registered trademark owner in India. The registered domain name is granted protection as a trademark, entitling the owner to take legal action against infringement or passing off under the provisions of the Act, including Section 29.

3.     Owners of unregistered trademarks also have rights and protection under trademark laws if they can establish prior use of the mark and its distinctiveness. In cases where an unregistered mark is misrepresented by someone else as their own goods, leading to potential deception of the public, the owner of the unregistered trademark can initiate legal action for passing off.

SATYAM INFOWAY LTD. VS SIFYNET SOLUTIONS PVT. LTD

WHETHER INTERNET DOMAIN NAMES ARE RECOGNISABLE AS OTHER INTELLECTUAL PROPERTIES SUCH AS TRADEMARKS.

the original purpose of a domain name was to provide a computer address on the internet. However, as the internet evolved from a mere communication tool to a platform for conducting business activities, the role of a domain name expanded. Nowadays, a domain name serves not only as an internet address but also as a distinctive identifier for specific websites and differentiates businesses and services offered by various companies. As a result, a domain name holds significance not just as an address but as a crucial element in establishing a unique online identity.

In the current digital landscape, where numerous commercial enterprises engage in online trading and advertising, the value of a distinct and exclusive domain name is paramount. The increasing commercial activity on the internet has elevated the importance of domain names, making them valuable assets and giving rise to potential disputes. It is evident that a domain name possesses all the attributes of a trademark and can form the basis for legal action related to passing off, where one entity misrepresents or infringes upon the exclusive rights associated with a domain name.