DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY

SEMINAR PAPER- LAW SCIENCE AND TECHNOLOGY

TOPIC:-THE CONCEPT AND SCOPE OF DOMAIN
NAMES

SUBMITTED TO
BY-

SUBMITTED

MR. Amandeep Singh

Mohit singh
FACULTY OF LAW.
- XTH
ROLL NO.- 07
SECTION- A

SEMESTER

INDEX
1. Introduction
2. Generic & Geographic Top-Level Domain Names
3. Assignment of domain names
4. Domain Name Disputes
5. Domain Name Dispute Resolution
i. ICANN Uniform Domain Name Dispute Resolution
Policy
ii. ".In" Dispute Resolution Process
6. Legal Position of Domain Names in India
7. Conclusion
8. Bibliography

Aims and objective:

This project aims to study and explore the scope of Domain Names, its related concepts and
the legal mechanism dealing with the resolution of Domain Names disputes.

Research Methodology:
This Project is mainly based on Doctrinal Research

Case list
1.
2.
3.
4.
5.
6.
7.
8.

Mcdonalds.com case
micros0ft.com case
Princeton Review v. Kaplan
MTV Networks v. Curry
Wired v. WIRE
Marks and Spencers P.I.C. v. One in a Million
World Wrestling Federation Entertainment, Inc. v. Michael Bosman
Satyam Infoway Ltd. v. Sifynet Solutions P. Ltd

Introduction
With the globalization and commercialization of the Internet, domain names have taken on a
new significance as business identifiers. When the Internet was in its infancy, domain names
were created to serve as useful mnemonic means of locating specific computers on the
Internet. Domain names are simply the addresses of the Internet. E-mail is sent and web

pages are found through the use of domain names. For example, the web address for the
Microsoft web site is www.microsoft.com, while Bill Gates might have an e-mail address
such as bill@microsoft.com (both using the "microsoft.com" domain name). Without the
domain name, a computer would have no idea where to look for a web page, and e-mail
routers would not be able to send e-mail. Of course, domain names are more than just
addresses, since they can be selected by the "addressee" and are usually closely associated
with a particular service or product.
An address in the cyber-space is imperative in the new e-economy for companies and
individuals to be easily traceable by their consumers with the emergence of the Internet as an
advertising forum, recruiting mechanism, and marketplace for products and services whereby
companies doing business have a strong desire to register domain names akin to their
products, trade names or trademarks. For example, owners of famous trademarks, such as
Haier, typically register their trademarks as domain names, such as www.haier.com. Domain
names may be valuable corporate assets, as they facilitate communication with a customer
base. With the advancement of Internet communication, the domain name has attained as
much legal sanctity as a trademark or trade name and, therefore, it is entitled to protection.
The very basis of Internet is Internet Protocol (IP) used for inter computer / inter server
communication, each computer / server having its own unique all numeric IP address. The
fact that these addresses are not catchy and are difficult to remember has had a major role to
play in the development of the DNS and the emergence of domain names as corporate assets.
Thus, a domain name is a popular substitute for the all numeric IP address of a particular
server. To make an Internet address more user friendly, a unique numeric address may be
matched with a mnemonic domain name (such as mcdonalds.com). This systematization of
recognition of proxy names is categorized as the Domain Name System.

Conclusion
This is a rapidly changing area of law, and additional remedies may become available in the
near future. Some U.S. state legislatures are considering state remedies, and there is the
remote possibility that ICANN may acquire jurisdiction over ccTLD registrations, with the

result of broader imposition of the ICANN policy. In general, the advantages of the ICANN
policy are clearly its speed, its low cost, and its ability to resolve cross-border disputes. If a
remedy is available under the Lanham Act, as amended by the Anti-cyber squatting
Consumer Protection Act, the advantages are final adjudication and the availability of
damages.
The explosion of new gTLDs and ccTLDs will help not only streamline the contents available
to a consumer on the Internet but will enable a user to access data faster and more
resourcefully. This jubilation is marred by the conviction that such growth will also lead to
larger number of cases involving cybersquatting, leading not only to confusion but also
economic suffering. The need for better and more efficient means to fight this peril is
necessary as e-commerce take another step forward with time. Policies such as UDRP and
INDRP may be viable concepts now, but the ingenuity of a rogue cybersquatter should not be
undervalued. Thus, it is imperative that judiciary must be proactive to balance both tradeinterest and right of free-speech.
As far as India is concerned, one has to be pragmatic and it is to be realised that the virtual
world of cyberspace needs a law for itself. Bringing cyber piracy within the framework of the
Trade Marks Act, would result in granting trademark holders more extensive protection than
what the legislature originally intended. The development may not be healthy because,
although the intention of the Court may be to discourage cyber squatting and trade mark
infringements in cyberworld to curb a social evil, it may result in dangerous precedents,
where even genuine registrants of domain names may be adversely affected. The Electronic
Commerce Bill, which has been tabled before the Indian Parliament, does not deal with the
issue of cyber squatting. The imperative need of the hour is therefore for the legislature to
catch up with the technical developments and pass a separate law prohibiting cyber squatting
or any other malafide registration of a domain name. Moreover it should never be forget that
mere by registration of a domain name it does not confer any right on such registrant.
A domain name is a valuable asset and may be likened to a trade mark on the Internet.
Currently, Indian companies have the option to resort to the UDRP to settle disputes relating
to the deliberate misuse of trademarks through the registration of domain names in the
gTLDs. The accredited Service Providers pass quick and inexpensive resolutions relating to
domain name disputes. Indian companies may also resolve their grievances relating to
domain names by filing a suit in a civil court of competent jurisdiction.