Successful enforcement of domain names in India

By Abhai Pandey, Lex Orbis IP Practice
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The growing use of the internet as a means to represent commercial products and services has made domain names a very important business asset. Domain names operate as an extension of business goodwill, helping users to identify and distinguish a company on the internet. Because of its universal connectivity, a domain name has to be exclusive worldwide; however, national laws may be inadequate to effectively protect a domain name that is applicable in all jurisdictions. Hence, international regulation of the domain name system has been established, and continues to be undertaken, by the World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN).

Abhai Pandey,Lawyer,Lex Orbis IP Practice
Abhai Pandey
Lawyer
Lex Orbis IP Practice

The domain name system is set to undergo considerable change, as ICANN has announced plans to expand the existing number of generic top-level domains (gTLDs). Besides the common domains like .com and .net, and country domains like .us and .in, ICANN plans to introduce more gTLDs, including .brand and .sports. These will afford companies greater opportunities to improve their brand recognition on the internet. This change is in addition to new domain names in local language characters – including Chinese, Arabic and Hindi – which were recently launched and are now operational.

WIPO will continue to collaborate with ICANN in resolving tensions between the domain name system and the IP system, in order to safeguard existing IP rights following the introduction of the new gTLDs. Such a robust system of cooperation is important, as the launching of additional domains will have significant trademark-related ramifications.

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Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.

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709/710 Tolstoy House, 15-17 Tolstoy Marg

New Delhi – 110 001

India

Tel: +91 11 2371 6565

Fax: +91 11 2371 6556

Email: mail@lexorbis.com

www.lexorbis.com

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