Trademark Protection for Domain Name in India

Domain names on the internet are used for a variety of different reasons in addition to just reflecting the websites of the myriad of online companies that are currently active. These domain names have risen to prominence as corporate identities and boosters in the modern period, which is characterised by the advancement of information technology and the proliferation of worldwide business conducted via the Internet.

What does Exactly Domain Name Define?

It was established in the case People Interactive (India) Pvt. Ltd. vs. VivekPahwa & Ors - that a domain name is comparable to a real or geographical place on the internet. The lawsuit was brought by both parties. A domain name is like to a street address in that it directs users to a particular location on the internet where the registrant of that domain name stores and displays his information and also offers his services. In this way, a domain name functions similarly to an address.

Because it is anticipated that the business activities that take place on the Internet will continue to develop on a daily basis, the importance of domain names, in addition to their utility, will also continue to rise. Businesses in all sectors of the economy will benefit from this since it will help them attain higher levels of notoriety, popularity, and profitability. According to Bill Gates, the founder of Microsoft and the person responsible for the company's name, who is also responsible for the company's name, "Domains have and will continue to expand in value faster than any other commodity ever known to man." The functions of trademarks and service marks are now very analogous to the functions of domain names in a broad sense.

This is due to the reasons that are currently at hand. With the goal of assisting and catering to people, businesses, and professions belonging to a wide variety of economic and occupational fields, the purpose of this very informative web article of ours is to offer rich and hugely beneficial and securing information regarding the registration and protection of domain names as trademarks.

Trademarks, on the other hand, may be any mark that can be represented in a graphical form and that has the ability to differentiate a person's goods and services from those of others; some examples of trademarks include the shape of objects, the packaging of goods, patterns, and colour combinations. To ensure that the owner of the trademark is able to differentiate his goods from those of his rivals, an exclusive right to use the trademark in connection with those goods is given to the owner of the trademark.

The Practice of Employing Domain Names in the Caption of Trademarks

To be able to register domain names as trademarks, the domain name in issue has to meet all of the standards that are essential for trademark registration. If it does not, the registration of the domain name as a trademark will be denied. As a result of this, a domain name has to be unique, capable of identifying itself, capable of differentiating itself from the products of a competitor, and also needs to be able to function as a trusted source identifier of concerned goods and services on the internet.

In Satyam Infoway Ltd. v. Siffynet Solutions case, regarding this specific matter, the argument centred on the issue of whether or not domain names may be designated trademarks. The final verdict in the case was handed down by the Supreme Court, which said in its opinion that "The basic role of a domain name was without a doubt to offer an address for computers on the internet." On the other hand, the Internet has progressed from being only a means of communication into a platform that enables financial and commercial dealings to take place.

In today's world, where more and more business is conducted via the internet, a company may be recognised by its domain name, which has been more important in recent years. Because of this, the domain name serves not only as an address for online communication, but it also identifies the specific website and distinguishes between the businesses and services supplied by many other companies. Therefore, a domain name used as an address must, by necessity, be uncommon and unique.

Additionally, when a domain name is used in combination with a corporation, the relevance of the value of maintaining an exclusive identity becomes critical. Consequently, a domain name must be original and unique. The cost of domain names continues to climb, and as a direct consequence, there is an increased possibility that legal wrangling may ensue. The likelihood of a dispute increasing is directly proportional to the growing number of commercial enterprises that do business or publicize their presence online.

Providing Domain Names with Protection in India

There is only one organization that manages the registration of domain names as trademarks on a global scale. This is in addition to the national and international protection that is afforded by directly relevant national trademarks law and a variety of international trademarks treaties from around the world.

The acronym ICANN refers to the Internet Corporation for Assigned Names and Numbers, which is the name of this particular organization. The Trademark Act of 1999 stipulates the requirements that must be met in order for a trademark to be granted legal protection in India. It requires that each and every one of the prerequisites be met before a domain name may be legitimately registered in accordance with the legislation. This is a highly specific requirement. Following the successful completion of the domain name registration process, the owner will be entitled to all of the rights, benefits, and power that come as a consequence of being the owner of a registered trademark.

The following is a list of the rights that are included −

• File a Claim for Infringement: "Any person who infringes a domain name which is registered as a legal trademark under the Trademarks Law may be held accountable for infringement in accordance with section 29 of the Trademark Act, 1999." This provision can be found in the Trademark Act, 1999.

• According to this clause of the Trademark Act, 1999, a claim for trademark infringement may be launched against "any person who infringes a domain name which is registered." This provision specifies that the claim can be brought against "any person."

• Passing Off: The legal standard for "passing off" states that "even if a trademark owner who has not registered his mark is also entitled to protection of his mark given that he is a prior user, his mark has acquired distinctiveness and there is misrepresentation by anyone else with regard to his goods which is likely to deceive the relevant public," the phrase "even if a trademark owner who has not registered his mark is also entitled to protection of his mark given that he is a prior user, Theft of intellectual property may occur via the practise of passing off.

Conclusion

After reading a number of historic decisions handed down by the Supreme Court and various High Courts, it has become abundantly clear that a company's domain name plays a very important part in the business transactions that take place on the internet on behalf of the company. These decisions have been handed down by the Supreme Court and various High Courts. It is of the highest essential to take all of the required safeguards to maintain the domain names of the many companies that carry out all of their activities and commercial transactions online.

During the course of our study endeavour, we came to the realization that trademark law offers protection in a variety of different countries on a case-by-case basis. However, since domain names are not limited by geographical places, it is very necessary to build a congruent international legislation for the purpose of protecting domain names.

FAQs

Q1. How to Register Domain name as Trademark?

Ans. To be able to register domain names as trademarks, the domain name in issue has to meet all of the standards that are essential for trademark registration.

Q2. What is Passing off?

Ans. A common law tort known as "passing off" may be used to help defend unregistered trademark rights. Passing off refers to the act of falsely representing one's goods or services as belonging to another.

Q3. Under which section we can file a claim for infringement of domain name?

Ans. Any person who infringes a domain name which is registered as a legal trademark under the Trademarks Law may be held accountable for infringement in accordance with section 29 of the Trademark Act, 1999." This provision can be found in the Trademark Act, 1999.