Cybersquatting Laws in India

Domain name is an address of a website that is intended to help web users easily find a person or business or organisation, online. Almost all businesses today have a domain name registered and involve in promoting the same amongst its customers. Hence, domain names often end up becoming a brand in itself and must be trademarked to prevent misuse. One problem faced by many online businesses with popular domain names is Cybersquatting. Cybersquatting is an offence related to the registration of a domain name by an entity that does not have an inherent right or identical trademark registration in its favour, with the sole intention to sell them to the legitimate user in order to earn illegal profits. In this article, we look at laws surrounding cybersquatting in India.

Cases involving Cybersquatting in India

One of the option available against cybersquatters in India is litigation in a court of law. The court in India has also issued various injunction restraining cybersquatters from misusing domain names. In the case of Rediff, the Bombay High Court granted an injunction restraining the defendant from using the domain name "RADIFF" or any other similar name, as it was held that when both domain names are considered, there is every possibility of internet users being confused and deceived into believing that both domain names belong to one common source and connection. Also in the case of Naukri.com, "Naukari.com" was held to be confusingly similar to that of the plaintiff, "naukri.com", with a different spelling variant establishing prima facie inference of bad faith.

Uniform Domain Name Dispute Resolution Policy (UDRP)

Internet Corporation for Assigned Names and Numbers, a domain name regulatory authority has adopted a Uniform Domain Name Dispute Resolution Policy (UDRP) for dealing with cybersquatting. UDRP is incorporated into the domain registration agreement and sets the terms and conditions in connection with a dispute between the registrant and any party other than the registrar over the registration and use of an Internet domain name. The UDRP has guidelines for resolving cybersquatting and while registering a domain name, the registrant agrees to submit to proceedings commenced under Internet Corporation for Assigned Names and Numbers, Uniform Domain Name Dispute Resolution Policy.

.IN Dispute Resolution Policy (INDRP)

The .in top-level domain is operated under the authority of National Internet Exchange of India or NIXI. Hence, domain name or cybersquatting disputes pertaining to .in domains are handled by the .IN Dispute Resolution Policy and the INDRP Rules of Procedure. As per INDRP, any Person who considers that a registered domain name conflicts with his legitimate rights or interests may file a complaint to the .IN Registry on the following premises:

the Registrant's domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
the Registrant has no rights or legitimate interests in respect of the domain name; and
the Registrant's domain name has been registered or is being used in bad faith.

Back to Learn

Frequently Asked Questions

Common questions about Cybersquatting Laws in India: Policies & Legal Actions.

Cybersquatting is the practice of registering a domain name that is identical or confusingly similar to a trademark or brand name, with the intention of selling it to the legitimate owner for a profit. It is considered an offence as the cybersquatter does not have the inherent right or trademark registration for the domain name.

One option available against cybersquatters in India is to file a lawsuit in a court of law. Courts in India have issued injunctions restraining cybersquatters from misusing domain names that are confusingly similar to registered trademarks or brands.

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes related to cybersquatting. It is incorporated into domain registration agreements and sets the terms for resolving disputes between registrants and other parties.

The UDRP provides guidelines for resolving cybersquatting cases. When registering a domain name, the registrant agrees to submit to proceedings commenced under the UDRP. The policy outlines the grounds for filing a complaint and the process for resolving disputes.

The .IN Dispute Resolution Policy (INDRP) is a policy specific to the .in top-level domain, which is operated by the National Internet Exchange of India (NIXI). It is used to handle domain name or cybersquatting disputes related to .in domains.

Under the INDRP, a person can file a complaint if the registered domain name is identical or confusingly similar to their name, trademark, or service mark; the registrant has no legitimate rights or interests in the domain name; and the domain name has been registered or is being used in bad faith.

Domain names serve as addresses for websites, helping users easily find a person, business, or organization online. For many businesses, their domain name becomes a brand in itself, which is why it is important to trademark and protect it from misuse, such as cybersquatting.

Yes, cybersquatting cases can be resolved through legal means in India. Courts have granted injunctions restraining cybersquatters from using domain names that are confusingly similar to registered trademarks or brands, as seen in cases involving Rediff and Naukri.com.

The UDRP and INDRP provide frameworks for resolving cybersquatting disputes without the need for costly and time-consuming litigation. These policies outline the grounds for filing complaints and the procedures for resolving disputes, offering an alternative to court proceedings.

Businesses can protect their domain names and trademarks from cybersquatting by registering their trademarks, monitoring for potential infringement, and taking prompt action against cybersquatters through legal means or by filing complaints under the UDRP or INDRP, depending on the domain extension.