A Domain Name Dispute arises in a scenario where one party makes a claim over the Domain Name registered by another party on the ground that he has better right over the domain name so registered by the other party. The party making the claim is called the ‘complainant. ‘The party who registered the domain name and on whom the complainant has taken action is called the ‘registrant.’

The legal issues largely falls within the ambit of intellectual property rights of the parties to the dispute. Two streams are available for the resolution of the domain name disputes. The first stream is the court and the second one is through arbitration.

Where an aggrieved party approaches the court with a domain name dispute, the aggrieved party has to present sufficient materials to demonstrate to the court the infringement of the trademark owned by the aggrieved party. Where the aggrieved party has not registered the trademark, he would required to adopt the common law action available where a person or business is entitled to use a particular sign to the exclusion, at least, of the opposite parties to the action.

With regard to arbitration, the Internet Corporation for Assigned Names and Numbers [ICANN] has framed the Uniform Dispute Resolution Policy [UDRP] in order to provide an alternate to approaching the courts for cases of Domain Name Dispute. The UDRP provides for an alternate remedy for domain name disputes instead of approaching Civil Courts in order to obtain a speedy and cost effective redressal of the dispute. However, under the UDRP, a case is considered to be a domain name dispute only if it falls within of the scope of the three parameters laid down there under:

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.

In a cumulative view of the UDRP, when a person owns a registered trademark, he also obtains an indirect right to use a domain name containing such a trademark. The domain name corresponding to a trademark is generally used to provide some service in relation to the mark or the goods and services provided there under.

If the domain name is allowed to be registered by a person other than the mark holder, it would lead to a plethora of problems, such as the dilution of the mark, loss to the mark holder, deception and loss to the general public, etc. Therefore, the right to register and use the domain name has been conferred to the mark holder to avoid such consequences.

This right, however, does not amount to an automatic registration of a domain name in the name of the mark holder. This only confers a reasonable benefit to the mark holder to exclude others from making use of his mark in domain names. In order to use the domain name containing the mark, the mark holder has to get the same registered in his name. In cases, where, a person having no legitimate rights in the mark registers the domain name, the mark holder, can initiate proceedings against such registrant for the recovery of the domain name on the basis of prior user of the trademark/ trade name, which is sought to be represented, by the domain name in dispute. This is generally known as a domain name dispute.

Whether a particular case falls within the scope the UDRP would depend on circumstances surrounding each case. This can best be determined by perusal of the facts and circumstances of the issues by a person having experience in the field and who has a proper understanding of the requirements of law.