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.IN DOMAIN-NAME DISPUTE-RESOLUTION POLICY (INDRP)

The .IN Domain Name Dispute Resolution Policy (the “Policy”) sets out the terms and conditions to resolve a dispute between the Registrant and the Complainant, arising out of the registration and use of the .in Internet Domain Name (for example, www.xyz.in). The policy is administered by the National Internet Exchange of India (NIXI). A complaint under this procedure begins with the filing of a complaint before the .IN Registry and is in the nature of an arbitration proceeding wherein the .IN Registry appoints an arbitrator to determine the domain name complaint who is required to conduct the proceedings as per the Arbitration and Conciliation Act, 1996 and the INDRP Policy and Rules thereunder. A personal hearing may be fixed at the instance of the Arbitrator if he so desires. The grounds of filing a complaint and the remedies are similar to those covered under the UDRP.

UNIFORM DOMAIN-NAME DISPUTE-RESOLUTION POLICY (UDRP)

  • The Internet Corporation of Assigned Names and Numbers (ICANN) is a body which is responsible for managing the Internet Protocol address spaces and assignment of address blocks to regional Internet registries, for maintaining registries of Internet protocol identifiers, and for the management of the top-level domain name space.
  • The ICANN mandates that all registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Under this policy, most types of trademark-based domain-name disputes between the registrant and any party (other than the registrar) must be resolved by agreement, court action, or arbitration before a registrar who has the power tocancel, suspend, or transfer thedomain name in dispute. Disputes alleged to arise from abusive registrations of domain names may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. Most Generic Top Level Domains(com, info, net, org, biz, name, pro ) are within the purview of the UDRP. To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider.[https://www.icann.org/resources/pages/udrp-2012-02-25-en]
  • The World Intellectual Property Organisation (WIPO), Arbitration and Mediation Center is one such dispute resolution center working under the WIPO-initiated, ICANN-mandated UDRP. A complainant may therefore choose to file a complaint based on such UDRP guidelines on the grounds including but not limited to bad faith registration, using aregistered trademark to register a deceptively similar domain name and that the registrant has no legitimate rights or interest in the impugned domain name. As a remedy, one can seek de-activation and cancellation of the impugned domain name vis-a-vis the name of the registrant and seek the transfer of the impugned domain name by way of registration in favour of the Complainant.

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