DOMAIN NAME PROTECTION.ppt
- 2. Objective • Imagine a whole world of information available on the internet with no title under which the information on a particular area is stored. This situation would be very similar to having bundles and bundles of papers with no title given to them. • One would have to blindly spend to a lot of time looking through each paper to get any information. This situation would be same if there were no domain names or no URL’s like www.google.com or www.findlaw.com.
- 3. • ‘Domain name’ not much different from a telephone number. • The Domain Names map to unique Internet Protocol (IP) numbers that serves as a routing addresses on the Internet. The domain name system (DNS) translates Internet names into the IP numbers needed for transmission of information across the network. • On the internet, the domain name is that part of the Uniform Resource Locator (URL) that tells a domain name server using the domain name system (DNS) whether and where to forward a request for a Web page. The request will be obviously from the person who has accessed the Internet and logged on to that Site. The domain name is mapped to an IP address (which represents a physical point on the Internet). E.g., 98.37.241.30
- 4. • Without the domain name, a computer would have no idea where to look for a web page, and e-mail routers would not be able to send e-mail. Domain names are divided into hierarchies. The top-level of the hierarchy appears after the last dot (‘.’) in a domain name. This domain is organized in levels. • The top level identifies geographic or purpose. For example, in “ford.com”, “.com” is the top-level domain name. Other common top-level domain names include .org (for non-profit organization), .net (for network and Internet related organization), .edu (for four-year colleges and universities) and .gov (for government entities) • For example, the nation that the domain covers such as ‘in’ for India or a category such as ‘com’ for commercial
- 5. • In addition to these generic domain names, each country has been given a unique top-level domain name. For instance, ‘.in’ indicates a domain in India, and ‘.pak’ indicates Pakistan. • The disputes that arise over domain names involve “second level” domain names. The second level name is the name directly to the left of the top-level domain name in an Internet address. For instance, in the address www.ford.com, the second level domain name is ‘ford’
- 6. • There cannot be two identical second level domain names under the same top level domain name. the second level identifies a unique place within the top-level domain and is, in fact, equivalent to a unique address on the Internet (an IP address). • For example, even though both the Lee Cooper Company (a company manufacturing and selling shoes) and Lee (a company manufacturing and selling clothes) would like the “Lee.com” domain name, only one Lee Company can have Lee.com. • Another example would be though Orient Fans and Orient Longman Book publishers both would like to have Orient.com as their domain name, only one can have the domain name. Lower levels of domain may also be used to get narrower and site specific. More than one domain name can be mapped to the same Internet address. This allows multiple individuals, businesses, and organizations to have separate Internet identities while sharing the same Internet server.
- 7. Legal Definition of Domain Name • The meaning of domain name has been expanded and affirmed by the Court practice. Thus an interpretation of a domain name can be given as:- 1. A common address depends on the location, while the web- address is selected by an applicant, provided that it is not identical to any other address name; 2. A web-address may be often guessed, since in order to enter a site of a firm, its name should be typed. Therefore, a domain name is not a common address; it is rather a sign, which, like a poster in a shop indicates the place “place” of goods and services for sale. A domain acquires features, which characterize industrial property.
- 8. The Organizations for Domain Name Registrations • This function was taken up by a unique non-governmental organization and very interestingly by practice this organization has been recognized world over as the authority and the definitive organization as far as this field is concerned. The organization is called Internet Corporation for Assigned Names and Numbers (ICANN). • ICANN is a non-profit organization that was created under the direction of the U.S. Department of Commerce. The goal of the organization is to facilitate privatization of the technical management of Internet names and addresses, the domain name system (DNS).
- 9. Infringement • This refers to disputes where the original registrant intentionally trades off the resemblance between the domain name and another famous trademark. • Thereafter, the registrant tries to cash on the reputation of the trademark holder by running a business similar to that of the trademark holder. • The standard factors which determine infringement under the traditional trademarks law includes: - The strength of the trademark - The deceptive similarity between the plaintiff’s and the defendant’s mark - The likelihood of confusion in the minds of the public
- 10. Concurrent Claims • In this category of domain name disputes, there is more than one legitimate user of the domain name. Apparently, there is no intention to trade off a trademarked and title or no potential for confusion between the products of the conflicting claimants. • Both parties have a particular trademark of their own or have a valid reason to use a particular domain name.
- 11. Cyber Squatting • Cyber squatting occurs when domain names bearing a resemblance to famous trademarks are registered by persons hoping to sell the registration to the corresponding trademark holder. Typically, in such cases, persons who have absolutely nothing to do with the name, virtually pirate the name by obtaining registration with the .com TLD (top-level domain) of a well-known company or brand.
- 12. Domain names disputes • Because of the increasing popularity of the Internet, companies have realized that having a domain name that is the same as their company name or the name of one of their products can be an extremely valuable part of establishing an Internet presence. • A company wishing to acquire a domain name must file an application with the appropriate agency. Before doing so, a search is done to see if their desired domain name is already taken. When a company finds that the domain name corresponding to their corporate name or product trademark is owned by someone else, the company can either choose a different name or fight to get the domain name back from its current owners.
- 13. Some well-publicizied examples of these types of domain names disputes are: • McDonalds.com: an author took this domain name from Wired magazine who was writing a story on the value of domain names. In his article, the author requested that people contact him at ronald@mcdonalds.com with suggestions of what to do with the domain name. In exchange for returning the domain name to McDonalds, the author convinced the company to make a charitable contribution. • • Microsoft.com: The Company Zero Micro Software obtained a registration for microsoft.com (with a zero in place of the second ‘o’), but the registration was suspended after Microsoft filed a protest. • MTV.com: MTV video jockey Adam Curry originally took the MTV domain name. Although MTV originally showed title interest in the domain name or the Internet, when Adam Curry left MTV the company wanted to control the domain name. After a federal Court action was brought, the dispute settled out of court. • Peta.org: An organization entitled “People Eating Tasty Animals” obtained the peta.org domain name; much to the disgust of the better known organization People For Ethical Treatment of Animals, but as of May 2000 the domain name was still registered in the name of People Eating Tasty Animals.
- 14. The Indian Interpretation • The first Indian case is Yahoo Inc. v. Akash Arora. In this case plaintiff, who is the registered owner of the domain name “yahoo.com” succeeded in obtaining an interim order restraining the defendants and agents from dealing in service or goods on the Internet or otherwise under the domain name “yahooindia.com” or any other trademark/ domain name which is deceptively similar to the plaintiff’s trademark “yahoo”. • This case raises certain points of law. If the argument is accepted true, then registration of yahoo as a trademark in USA would provide an universal right on the domain names such as yahoo India and yahoo Australia. As long as yahooindia.com does not try to pass itself off as yahoo, no offence should be recognized. In recognition of Yahoo’s position in the industry, yahoo India may be compelled to put up a prominent disclaimer that it is not part of Yahoo Inc, USA.
- 15. • The issue on the domain names entitled to trademark protection were discussed in Rediff Communication Limited v. Cyberbooth. The petitioner Rediff Communications Ltd., registered the domain name “Rediff.com” with Network Solutions Inc. on 8.2.97. On 31.1.99, the defendant, Cyberbooth, registered the domain name “Rediff.com” with Network Solutions Inc. Aggrieved by the action of the defendant in registering the domain name “Rediff.com” , the plaintiff initiated proceedings under the Trade and Merchandise Marks Act. The petition alleged that the defendants had adopted the word “Radiff” as part of their trading style deliberately with a view to pass of their business services as that of the plaintiffs. The petitioner also contended that this was deliberately done by Cyberbooth to induce members of the public into believing that Cyberbooth is associated with the rediffussion group, and thereby illegally trade upon the reputation of the plaintiff. • Therefore, the court held that there is every possibility of the Internet user getting confused and deceived in believing that both domain names belong to one common source and connection although the two belong to two different persons. The Court was satisfied that the defendants have adopted the domain name “Radiff” with the intention to trade on the plaintiff’s reputation and accordingly the defendant was prohibited from using the said domain name.
- 16. • In Titan Industries Ltd. v. Prashant Kooapati case the defendant registered the domain name “tanishq.com”. The plaintiff Company, which has been using the trademark “tanishq” with respect to watches manufactured by it, sued for passing off and alleged that the use of the domain name by the defendants would lead to confusion and deception and damage the goodwill and reputation of the plaintiffs. • The Delhi High Court has granted an ex-parte ad-interim injunction restraining the defendants for using the name “TANISHQ” on the Internet or otherwise and from committing any other act as is likely to lead to passing off of the business and goods of the defendants as the business and goods of the plaintiff.