Litigation

Domain Name Dispute India offers a complete range of specialized litigation services at the appropriate jurisdictional courts for resolving domain name disputes.

We start from the basic, analyzing whether the civil courts would be the right forum to litigate the case or whether approaching the administrative panel for arbitration would be a better choice. The intricacies surrounding a domain name dispute are many in terms of the intellectual property rights involved. It is important to first analyze whether it involves a common law right or a statutory right and then decide the legal strategy accordingly for choosing of the better competent forum. We strive to cover every little detail, which we know would make a big difference in the prospects of the case.

gTLD – .com, .edu, .areo, .biz, .org, .jobs, .mobi, .museum, .net, .tel, .travel, .info, .coop

The Uniform Dispute Resolution Policy (UDRP) applies for Generic Top Level Domain (gTLD) i.e. .com, .edu, .areo, .biz, .org, .jobs, .mobi, .museum, .net, .tel, .travel, .info, .coop. The UDRP provides for resolving disputes through a mutual jurisdictional civil court.

Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder’s address as shown for the registration of the domain name in Registrar’s Whois database at the time the complaint is submitted to the Provider.

Where either of the above jurisdictions falls in India, Domain Name Disputes India would handle the litigation involving the domain name. Domain Name Disputes India would represents the domain name registrant and the aggrieved party.

 ccTLD – .in Domains

.in Dispute Resolution Policy (INDRP) is the policy which is applicable to .in domain names. The INDRP, unlike the UDRP, does not provide for the resolving of the domain name disputes through a court of law. The INDRP provides only for the resolving of the disputes arising over a domain name through arbitration process according to the Arbitration and Conciliation Act, 1996. The INDRP contains in itself the arbitration agreement as required under Section 7 of the Arbitration and Conciliation Act, 1996.

However, the High Court of Delhi has clarified the legal position that the disputes involving .in domain names would continue to fall within the jurisdiction of the civil courts in India in case of Citi Corp and Another Vs. Todi Investors and Another.

Domain Name Disputes India handles the litigation involving domain name disputes representing the domain name registrant and the aggrieved party. Mail us at [email protected] for further information.