Skip to main content

A domain name technically is an internet address identifying a computer site or a website to the internet. In commercial parlance, a domain name can be described as a virtual platform where a brand conducts business and takes up residence.

However, there have been various incidents where entities have incorporated names of established brands and well-known trademarks in their domain names with an aim to exploit the goodwill and reputation attached to such brands. This dishonest practice of copying or incorporating established and well known brand names or trademarks in domain names has been considered a violation of intellectual property rights of the proprietor of such brands/trademarks.

Evolving process

The administration of domain names within the “.in” (India) category is overseen by the National Internet Exchange of India (NIXI). Under NIXI, the IN Registry functions as an autonomous body with primary responsibility for maintaining the .IN ccTLD (country code top-level domain) in accordance with the .IN Dispute Resolution Policy (INDRP), formulated in line with UDRP rules and procedure passed by the Internet Corporation for Assigned Names and Numbers (ICANN).

Under the INDRP, a sole arbitrator is appointed to decide on complaints filed against infringing/illegitimate domain names. The Indian judiciary has been proactive in protecting the trade interests involved in domain names and in a recent landmark judgment of Thoughtworks vs Super Software & Anr, passed by the Delhi High Court, the scope of public policy under section 34 has been interpreted to include that when an arbitral award fails to appreciate the trademark rights of a proprietor against an illegitimate/infringing domain name, the same would be against the fundamental policy of India under the new arbitration law regime.

Authored by Pravin Anand and Shrawan Chopra.

Read the full article on Asia Business Law Journal.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Oct 17, 2026

An active pharmaceutical ingredient (API) is the substance responsible for a medicine’s therapeutic effect. Developing one can involve years of chemical

API Process Patents in India: Key Patent Infringement Disputes and Court Decisions
Thought Leadership
•
Oct 15, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda Imagine you gave a supersmart robot a credit card and told it to “buy the best

Taming the AI Beast: How Big Companies Build Safe AI Agents
News & Updates, Thought Leadership
•
Oct 14, 2026

Think about the last YouTube video you watched. It might have been a travel vlog, a product review, a legal explainer, a cooking tutorial or a short documentary.

Who Owns a YouTube Video? Copyright Protection for Digital Creators in India
News & Updates, Thought Leadership
•
Oct 09, 2026

For a creator, the product and the person are often indistinguishable. A finance educator’s credibility, a teacher’s cadence, a comedian’s

When Your Persona Becomes Your Business: Personality Rights of Influencers in India