In order to provide an alternate dispute resolution to domain name disputes apart from court action, the Internet Corporation for Assigned Names and Number, ICANN, has framed the Uniform Dispute Resolution Policy [UDRP]. The UDRP provides for a mechanism of resolution of domain name disputes such as cybersquatting, by application to an Administrative Panel of competent jurisdiction. The UDRP would apply for generic domain names such as .com, .org, .edu etc.

For .in ccTLD (Country Code Top Level Domain Name), the .IN Registry, which exclusively deals with the registration of domain names with the .IN top level domain name, has framed the .IN Dispute Resolution Policy [INDRP], which provides an alternate dispute resolution mechanism for a domain name dispute over a .IN domain names. The INDRP is similar to the UDRP and is based on it.

These policies, UDRP and INDRP, aim at providing a more cost effect and time specific remedy against the infringement of trade marks through the use of domain names. The Administrative Panels, specialise in resolving domain name disputes and have knowledge of the intricacies in the field. It is an optional mechanism and applying for relief under this mechanism does not preclude the aggrieved party from applying to a Court of competent jurisdiction for relief.

The policies lay down the basic criterias of domain name dispute to be taken into consideration by the Administrative Panel and the Complainant can apply for relief only if the conditions prescribed are satisfied. They are as follows:

1. The domain name of the Registrant is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

2. The domain name registrant has no rights or legitimate interests in respect of the domain name; and

3. The domain name has been registered and is being used in bad faith.

Only on satisfaction of the above three conditions, the domain name dispute can be resolved by the UDRP or INDRP. The policy also contains the proof to be adduced in order to establish bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.