Domain name - the inevitable conflicts?.
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It is very important for an organization in the rise of the cyber-world to a place in cyberspace have.
This would require its registration under a particular domain name and website.
As each computer has its own unique all-numeric Internet Protocol (IP) and it is very difficult, all the numerical addresses that give rise to the essence of the Domain Name System has been remembered (abbreviated DNS).
Thus, the systematization of recognition of the proxy names is called the "Domain Name System".
Domain names are pretty much were in the place of the brands, because consumers often perceive it as entertainment, electronic commerce, in the same role and brand names played in more traditional ways of business.
Similar to the concept of trademarks disputes had arisen between the companies wanted to adopt the same domain name.
As with the domain name only one owner can own a particular domain name.
In contrast, identical trademarks may be owned by numerous persons at a time till they have some sort of differentiation, which mark them off from each other.
In the current Internet system, is one of the companies not be able to understand his mark as a domain name because it can be only one domain name.
The original role of a domain name was no doubt to provide an address for computers on the internet.
But the Internet has evolved from a simple means of communication for a way of business practice.
With the in crease of commercial activity on the internet, a domain name is also used as a business identifier.
Therefore, the domain name serves not only as an address for Internet communications, but also identifies the specific Web page.
In the commercial field, each domain name owner provides information services, which are associated with such domain name.
Such a domain name can also be the provision of services under ยง 2 (z) of the Trade Marks Act.
A domain name is easy to remember and use, and is chosen as an instrument of commercial enterprise not only because it facilitates the ability of consumers to navigate the Internet to find websites they are looking for, but also at the same time, serves to identify and distinguish the business itself, or its goods or services, and to specify its corresponding online Internet location.
Consequently, a domain name as an address, the need to be special and unique and where a domain name is used in reference to a company, the value of maintaining an exclusive identity critically.
India has a top level domain (TLD) (.
a) how the ISO.
The second level subdomains registered under the (.
a) Domain (.
ernet), (.
net), (.
res) (.
ac), (.
gov), (.
org).
The main problem is trying in most cases, the question \"Answer When does your domain name brand are.
e.
, May the use of domain names amounts to a trademark infringement? \"He has not yet been clearly communicated by the judiciary that the domain name is a form of property.
Even if domain names are property, there remains question as to ownership and control.
With the traditional concept of property, a different domain name.
Now domain name disputes has also hit the Indian Courts.
The most serious dispute between them is \"cybersquatting, \" the use of the domain name is a person without registering the mark, or the inherent right to the name.
There are many ways in which someone on the Internet could trigger the ire of an owner of a trademark or some other form of intellectual property.
A web site can registered trademark of someone.
A web site could pluck an image (a trademark, or an image) from some other site and incorporate the image into its own web page.
A web site can be protected by copyright-protected material author, which was copied from elsewhere without permission from the copyright holder.
A domain name could be similar to (but not identical to) some trademark.
A third level domain name (and.
g.
southcanara.
bank.
com) may be identical, a famous domain name.
Or a second-level domain name (e.
southcanara.
com) may be identical, some brands.
Each trade mark domain name dispute includes three parties i.
and.
the domain name owner, the trademark owner, and the registration authority.
Each party has different interests than those of other major.
The domain name owner; for a domain name owner the predominant interest is predictability.
The owner of the domain name does not want his domain name away, be overturned more than it will be marketed by its physical space taken or cut from the mains.
For many Internet-related businesses, in fact, physical eviction or loss of electric power would be far more easily remedied than loss of the domain name.
The holder of a trademark, there are really two areas of interest.
The first arises if trademark infringement is going on, in which case the trademark owner would like to get the infringement stopped right away; a subsidiary concern is reducing the cost of getting it stopped.
The second area of interest only as a result of the INS policy, and includes the trademark holders who may wish to have a specific domain name, and learns that the domain name is already taken by someone else who is not injured owner of the trademark.
The domain name registration authority.
The main interest of domain name registrars (of which there are several hundred around the world, one for each top-level domain) has always done his job well.
At present, about half a million domain names have been registered in the top-level domains administered by NSI; by comparison all of the other domain name registration authorities of the world combined probably account for only a few tens of thousands of domain names.
This makes NIS interests especially great interest, and NIS has several times in recent months that not only did interest in his work always said, but also in trying to prevent that sued interested.
In the case of Nokia Corporation vs.
Uday Lakhani, where a person named Uday Lakhani, a company registered in London, a website with the name of Nokia's.
com.
During the hearing of the case to WIPO Arbitration and Mediation Center has been assumed that the domain-name \"Nokia's.
com" is confusingly similar to Complainant's trademark "Nokia," that Respondent has no rights or legitimate interests in respect of the domain name and that Respondent's domain name has been registered and is being used in bad faith.
In recent years, the increase of Internet users has led to a proliferation of disputes in litigation before various High Courts in India.
The Courts have consistently applied the law relating to passing off to domain name disputes.
Some have been disputes between trademark holders and holders of domain names.
Some were between domain name owners themselves.
This decision, Rediff Communication Ltd..
v.
Cyber Booth and Anr.
2000 AIR(Bom) 27), Yahoo Inc.
v.
Akash Arora (1999 PTC (19) 201), Dr.
Reddy Laboratories Ltd.
v.
Manu Kosuri 2001 PTC 859 (Del), Tata Sons Ltd..
v.
Manu Kosuri 2001 PTC 432 (Del)), Acqua Minerals Ltd.
v.
Shailesh Gupta and Anr.
2002 (24) PTC 35.
In the case of Rediff Communication Ltd.
v.
Cyberbooth, the Bombay High Court deliberate upon the Indian Jurisprudence on domain names.
The Court stated that \"A domain name is more than one Internet address and entitled to equal protection as a brand \".
In this case the domain name owner of (rediff.
com) has an action for injunction against the use of the domain name (filed radiff.
com).
The court saw the problem after that it was a clear intention to deceive, said, and that's the only purpose of registration by the defendant was on the goodwill and reputation of the actor's trade.
The first case that came up before the Indian Courts probably was the case of Yahoo! Inc.
v.
Akash Arora in which an attempt was made to use the domain name (yahooindia.
com) for services in connection with the Internet.
Yahoo alleged that by using a quite similar domain name and format to their domain name i.
and.
(yahoo.
com), one should review their charge of deception and be \"passing off \".
Thus, by looking at the passing off doctrine, the court granted an injunction restraining the domain users from dealing in service or goods on the Internet or under the trademark/domain name (yahooindia.
In the case of Titan Industries Ltd.
v.
Prashant Kooapati, the plaintiff had extensive use of "Tanishq", although its trademark application in India was pending at the time of 1998 hearing.
L Delhi High Court sentenced the defendant to register a name or a business making, selling, offering for sale, and advertising in any manner dealing with goods under the name.
or containing the said trade mark as n essential or dominant feature.
the Internet or in other ways.
Then again the case of Investsmart India Ltd.
v.
ICICI, an injunction was sought by the plaintiff against the use of domain name (invetmartindia.
com), because for them it is similar to its domain name as the.
e.
(Invest Smart India.
com).
Used in court and granted the injunction Yahoo India and Rediff.
Looking upon the number and nature of cases that are coming before the Indian Courts, there is a great need of a proper law with regard to domain name dispute like that of 'Concept of Dilution' which the USA has.
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