YOUR FRIENDLY LEGAL GUIDE IN DOMAIN NAMES DISPUTES

Each and every presence on the World Wide Web has the distinction of having a unique address. This address is commonly known as a Domain Name. Domain names are the foundation of the visible structure on the Internet and are the basis on which E-commerce has been built-up.

Ordinarily, these domain names begin with the prefix, "www" and ends with either a three or two letter suffix that is indicative of the type of organisation which runs the site. There are top level domain names like .com, .net, .org and .edu. To illustrate this , let us take the following examples of domain names:-

www.cyberlawindia.com
www.cyberlawindia.net
www.cyberlawindia.org
www cyberlawindia.edu

These are all examples of top level domain names (TLDs).

In addition to the aforesaid, there are often a two letter suffix which is indicative of the country of registration which is the country level domain name.For example,

www.cyberlawindia.co.in - This domain name indicates that this is a domain registered in India. www.cyberlawindia.co.uk - This domain name indicates that this is a domain registered in United Kingdom.

The aforesaid two examples show that the owner of the web site is a legal entity and that its name was registered in India and United Kingdom respectively. These domain names once obtained can be utilized from anywhere in the world. Domain names are different from postal addresses, in the sense that they do not change when a person moves for one place to another. This is basically possible because the domain name is actually an alias for a large, distinct and unique number a called the Internet Protocol Address (I.P.Address). The I.P. Address is the relevant number that corresponds to the computer that stores the digital information. If all the information is moved to another computer, the unique number namely the I.P. Address will stand changed but the domain name can remain the same as it only refers to the unique, distinct number.

The character of domain names is international in nature. These domain names can not only be reached from anywhere in the world but also the computers to which that domain name concerned refers can be located any where in the world.

Domain names are allotted to legal entities by registering authorities. These registering authorities like InterNIC and country specific registries do not check the fact whether any particular applicant is entitled under law to obtain the requested domain name. These domain names are normally allocated on a first-come-first-served basis.

These policies of registering authorities in granting domain names on first-come-first-served basis has led to various domain names disputes that have arisen in various national jurisdictions. The reason for this is that for every computer that is connected to the Internet in the world, there is only one domain name for example, `www.cyberlawindia.com'. In case if there are two companies having the same name, then it is obvious that only the company which applies for registration of domain name first would be granted the said domain name. It may still be possible and is happening through out the world that legal entities without any legal right to any name, register the said name as a domain name so as to trade in them,. This process is called as Cybersquatting. This has become very common because well established brand names and trade names and trade marks can be registered by anyone on a first-come-first-served basis and not only by the legal entities having legal right to the said brand names, trade names and trade marks, so long as the said domain names are available for registration. This often leads to numerous disputes.

Today, Cyberlaws are in a stage of their initial development.The Uniform Domain Names Disputes Resolution Policy formulated by The Internet Corporation for Assigned Names and Numbers has taken off and is receiving a positive response. However, the said policy is being criticized by the Third World countries on the ground that the same is very expensive from the standards of the Third World and not many companies and legal entities can take benefits of this policy because of its enormous costs.

In the light of above mentioned developments, it is absolutely crystal clear that as on date domain names disputes have to be settled within the national jurisdictions of various countries.

India has been a relatively slow starter on the scenario of Internet. Internet services were started in India by Videsh Sanchar Nigam Limited (VSNL) in 1995. However, it was only in 1997 & 1998 that awareness about the Internet grew. As on today, lakhs of domain names have been registered by Indians residing and working for gain in India. Cybersquatting and trading in domain names has started in India. Domain names disputes are also beginning to set in.

IN CASE IF YOU HAVE ANY DISPUTES CONCERNING DOMAIN NAMES AND ESPECIALLY RELATING TO INDIA, DO FEEL FREE TO CONTACT US. . WE SHALL BE MORE THAN GLAD TO BE OF ASSISTANCE TO YOU ON PAYMENT OF NECESSARY CHARGES. WE SHALL ALSO ADVISE YOU ON ALL POSSIBLE LEGAL PRECAUTIONS THAT YOU NEED TO TAKE WHILE GOING IN FOR REGISTRATION OF DOMAIN NAMES.

Do e-mail us at the following address with the complete details of your peculiar legal problems:- domainnames@cyberlawindia.com