A domain name dispute occurs when:
- Two or more parties claim rights over the same domain name, or
- A domain name is registered, used, or purchased in bad faith by someone who does not own the associated trademark or brand.
These disputes often arise due to:
- Cybersquatting – registering domain names similar to popular brands or trademarks to resell at a profit.
- Typosquatting – registering domains with common typos of well-known sites.
- Trademark Infringement – using a domain that is identical or confusingly similar to a registered trademark.
Why Domain Names Matter
- A domain name is a digital identity for individuals, businesses, and organizations.
- It holds branding value, trust, and traffic.
- Disputes can lead to loss of customers, reputation damage, and legal complications.
WIPO and Domain Name Dispute Resolution
The World Intellectual Property Organization (WIPO), based in Geneva, Switzerland, is an international agency under the UN that provides a structured mechanism to resolve domain name disputes through arbitration.
WIPO administers disputes under the:
Uniform Domain Name Dispute Resolution Policy (UDRP)
UDRP was adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) to handle disputes over domain names.
Conditions for Filing a Complaint under UDRP
To succeed in a domain name dispute under UDRP, the complainant (usually a trademark owner) must prove:
- The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
- The registrant has no legitimate rights or interests in the domain name.
- The domain name has been registered and is being used in bad faith.
Examples of Bad Faith Registration
- Registering a domain to sell it to the trademark owner at an inflated price.
- Registering to disrupt a competitor’s business.
- Attracting users by confusing them with a similar brand name to divert traffic.
- Using the domain to mislead, defraud, or host fake versions of a real site.
WIPO Domain Name Dispute Process
- Filing a Complaint:
The trademark owner files a complaint with WIPO via its online platform. - Notification to Domain Holder:
The domain name holder (respondent) is given time (usually 20 days) to respond. - Panel Appointment:
A neutral panel of experts (1 or 3 members) is appointed by WIPO. - Review and Decision:
The panel reviews all arguments and evidence.
A decision is issued within 14 days of closing submissions. - Outcome:
If the complaint is upheld, the domain is:- Transferred to the complainant, or
- Cancelled
Advantages of WIPO Arbitration
- Quick: Decision typically issued within 2 months.
- Cost-effective: Less expensive than litigation.
- Global: Covers generic domains like
.com,.org,.net. - Enforceable: ICANN enforces panel decisions.
Notable Cases
- Google.vc – Transferred to Google Inc. after WIPO ruled it was cybersquatting.
- facebookwinners.com – Facebook won the domain due to infringement and bad faith use.
Indian Legal Context
While India follows the IT Act, 2000 and the Trademarks Act, 1999, domain name disputes are generally resolved through WIPO if they involve international generic top-level domains (gTLDs).
For .in domains, disputes are handled by INDRP (IN Domain Name Dispute Resolution Policy), managed by NIXI (National Internet Exchange of India).
