Domain Name Protection under Intellectual Property Rights
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Domain Name Protection under Intellectual Property Rights
Domain Name
Domain name is the identification symbol which is for the users to find a particular name over the internet; it is the form of an IP (internet protocol). In easier words, Domain name is the address of a website which helps in easily remembering and identifying such website. Generally, the domain signifies the internet protocol resource like, personal computer, any server computer, the website, or any other source communicated through internet. Domain names are limited in number; here are some examples of domain names, edu- education institute, gov- government, org- non profit organization, com- commercial business etc.
The domain name works same as of a trademark but online. A trademarks works offline business with transactions and dealings, it is a graphic symbol for any product or company whereas, domain name is a brilliant navigator for any product or company online and functions as a virtual image of any business. Where a registered trademark secures and promotes any brand name, the protected and registered domain name secures any business name and its brand value from any sort of unauthorised use by any person or entity.
Domain name protection under IPR
Just like a trademark or any other intellectual property right the domain name can also be registered and protected on National as well as International level. In India, the domain name is protected as a trademark or service mark under the Trademarks Act, 1999. Any unique domain name satisfying all the required conditions specified under the Trademarks Act, 1999 shall be registered under the act and after registration, the registered proprietor gains all the legal rights and authority over the domain name which are availed by the trademarks or service marks owner in India. They also hold the right to sue for any sort of infringement in the domain name or passing off. Any person who infringes any domain name or violates the registered domain name shall be held liable for infringement of trademark under Section- 29 of the act. In case of passing off, any person who owns a trademark and the mark is unregistered, is still entitled to protection of his mark if he is the prior user of the mark. The mark already has gained distinctiveness and goodwill and use of such mark by any other person will deceive the relevant public.
In the case of People of Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors.,[1] there was a dispute between the shadi.com and secondshadi.com. The Bombay High Court held the case in favour of the defendants stating that the word “shaadi” is very generic and commonly descriptive. The court also held that acquiring a secondary meaning would necessarily imply that the word has transcended its original connotation and references exclusively in the public mind the particular holder of the mark; the primary meaning must have been lost. This was not the case here, said the court, as the only primary meaning was the destination on the internet.
In another case of Big Tree Entertainment v Brain Seed Sportainment,[2] the interim injuction was denied by the Delhi High Court to the Plaintiffs, owners and the proprietor of the famous website bookmyshow.com. This injunction was denied against the defendant who was using the domain bookmysports.com. The court, considering that the prefix BOOKMY of the Plaintiff’s trademark BOOKMYSHOW was descriptive, not an arbitrary coupling of words and the Plaintiff’s failure to prove that “BOOKMY” has acquired distinctiveness or secondary meaning, dismissed the application for interim injunction filed by the Plaintiffs.
In the famous case of Satyam Infoway Ltd. v Sifynet Solutions Pvt. Ltd., the issue arose was regarding the domain name, whether the internet domain names are recognizable as other intellectual properties like trademark. The court in this case held that, “The original role of a domain name was no doubt to provide an address for computers on the internet. But the internet has developed from a mere means of communication to a mode of carrying on commercial activity. With the increase of commercial activity on the internet, a domain name is also used as a business identifier. Therefore, the domain name not only serves as an address for internet communication but also identifies the specific internet site, and distinguishes specific businesses or services of different companies. Consequently a domain name as an address must, of necessity, be peculiar and unique and where a domain name is used in connection with a business, the value of maintaining an exclusive identity becomes critical. As more and more commercial enterprises trade or advertise their presence on the web, domain names have become more and more valuable and the potential for dispute is high.”
Hence these judgments clearly state that the protection of the domain name is as important as any other trade and commercial activity going on online. There are lot of business running in the market solely on the online platform and there protection is must as they are vulnerable to infringements and unauthorised invasions. The domain name represents the identity, goodwill, reputation of any particular brand or company name and to secure such reputation of that brand they must be protected. The unauthorised use of any registered domain name will deceive the general public and a great loss to the owner, the laws under the Trademarks act states punishment for such act and also serves justice to the owners of the domain name.
