A. MUKHERJEE & CO’s Domain Name Disputes Services include the following:-

 

  • Filing Complaints before the World Intellectual Property Organization (Arbitration and Mediation Centre).
  • Filing Complaints before the IN Registry.
  • Domain Name Litigation.

 

The Internet Domain Name is one of the most important aspects of commercial activities through the internet. It is considered an integral part of the business while any business indulges in an online commercial activity. A domain name acts as a business identifier and promoter in the worldwide business. The domain name has much more importance than represents the website of different businesses on the internet.

 

In the present scenario, commercial activities on the internet go on increasing day by day, thus, the importance and usefulness of domain names are also enhanced for business promotion, publicity of goods and services which turns into huge profits in the business activities. Companies use the domain name as their trademark which no other companies are allowed to use not only in their country but restrictions are also available worldwide.

 

In Satyam Infoway Ltd. Vs. Sifynet Solutions Pvt. Ltd. (2004) 6 SCC 145, where the domain names www.sifynetwww.sifymall.com , www.sifyrealestate.com of the appellant, and www.siffynet.net and www.siffynet.com of the respondent were in question, it was observed by the Supreme Court as under.

 

“16. The use of the same or similar domain name may lead to a diversion of users which could result from such users mistakenly accessing one domain name instead of another. This may occur in e- commerce with its rapid progress and instant (and theoretically limitless) accessibility to users and potential customers and particularly so in areas of specific overlap. Ordinary consumers/users seeking to locate the functions available under one domain name may be confused if they accidentally arrived at a different but similar web site which offers no such services. Such users could well conclude that the first domain name owner had mis-represented its goods or services through its promotional activities and the first domain owner would thereby lose their custom. It is apparent therefore that a domain name may have all the characteristics of a trademark and could found an action for passing off.”