Domain Name Resolution Practice

Introduction

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the administration of Top Level Domain Names. The Uniform Dispute Resolution Policy (UDRP) lays out a resolution mechanism of domain name disputes, for the Generic Top Level Domains Name (GTLD) such as .com, .edu, .net and others. Complaints under UDRP can be lodged at any of the ICANN accredited arbitration centres or at the jurisdictional civil court where the Registrant or the Registrar is located. Where the Registrar or the domain name holder is located in India, the dispute resolution can be initiated through a legal action at the civil court.

In India, there is no legislation which directly addresses the problem of domain name disputes and cybersquatting. It was in response to these issues, .IN Dispute Resolution Policy (. INDRP) was formulated by the ‘.IN’ Registry. The .IN registry is a part of the Nation Internet Exchange of India (NIXI), a not-for-profit organisation facilitating exchange of domestic Internet traffic. This policy lays down the rules and regulations under the – Dispute Resolution Policy and Rules of Procedure, for resolving disputes arising out of registration and use of the .IN domain name.

Khurana & Khurana has requisite resources, competence and experience in handling Domain Name Disputes and has been advising Indian and International Clients on strategizing their legal disputes and framing a litigation strategy to efficiently handle and resolve each contention.