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Intellectual Property Rights




Domain Name

A domain name is registered in order to enable the Internet users to locate the website on the web.

Internet Corporation for Assigned Names and Numbers ("ICANN") is the authority which manages the technical management of the domain name. Choosing a domain name, that is distinctive might enable the users to easily remember and search for it. Domain name in itself is an intellectual property of the website owner. It can also gain status of a trade mark and can also be registered as trade mark if it is distinctive.

Domain names are registered on first come first serve basis. No approval is required from any authority for registering the domain name. Registering any other person’s trademark/business name / trade name as a domain name is known as cybersquatting and can be challenged as trademark infringement. Searches can be conducted on WIPO website to check whether the domain name is a registered trade mark in any particular country.

Uniform Domain-Name Dispute Resolution Policy (UDRP) complaints can be made before ICANN against the practice of cybersquatting. An independent expert will be appointed as an arbitrator for dispute resolution and decide whether the domain name should be returned to th trade mark proprietor or not. The domain name registrars are required to follow this decision of the expert. Complaints can also be made under IN Dispute Resolution Policy (INDRP) for domain names with .IN or .CO.IN extension in India.

SGA has been handling legal proceedings like filing domain name complaints- both national and international to prevent the misuse of trade name in the virtual space and have succeeded in arriving at amicable settlements and dispute resolutions to the benefit of our clients.