TRADEMARK INFRINGEMENT AND DOMAIN NAME DISPUTES IN CYBER SPACE: ISSUES AND CHALLENGES
- Ajay Pratap Singh
- Dec 15, 2023
- 1 min read
Dr. Mukta Verma
Assistant Professor, Faculty of Law, University of Allahabad, Prayagraj, U.P
ABSTRACT
The exponential growth of the Internet has resulted in a surge in the registration of domain names. The advent of the .com era has not only witnessed an escalation in the number of domain names but has also given rise to an upheaval in this distinctive realm of intellectual property. In response to the challenges posed by the escalating domain name disputes, the Internet Corporation for Assigned Names and Numbers (ICANN) introduced the Uniform Domain Name Dispute Resolution Policy (UDRP). This international dispute resolution mechanism empowers trademark holders to contest the registration of an Internet domain name, subjecting the matter to binding arbitration. Successful challenges under UDRP grant the prevailing party control over the disputed domain name. This paper aims to deal with the issues arising in the realm of trade marks infringement and domain name disputes, the authorities dealing with them and a scrutiny of whether there is an effective grievance redressal system and further gives suggestions to deal with the lacunae.
Keyword:
Domain name, trademark, IPR
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