.IN Domain Dispute Resolution Policy (INDRP) deals with complaints as to Domain Names which may be based upon your registered TradeMarks or otherwise bad faith. In case you, as a Trademark holder, find that a Domain Name has been registered in bad faith and no legitimate use of the same is being made, you have a complete right to make a complaint for .IN domain names with .IN Registry/ NIXI New Delhi.
Though para 3 of INDRP policy very clearly provides that the Registrant represents and warrants that to the Registrant’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party. That is, it is the Registrant’s responsibility to determine whether the Registrant’s domain name registration infringes or violates someone else’s rights.
But the Domain Dispute complaints filed with .IN Registry/NIXI may not necessarily be based upon a Trademark registered in India or may not be so famous, therefore it may not always be possible for the Domain Holder to be aware about the existence of the Trademark. But Para 4 of Policy lays down that the Registrant is required to submit to a mandatory Arbitration proceeding in the event that a Complainant files a complaint to the .IN Registry, in compliance with this INDRP Policy and Rules thereunder.
A complaint under .IN Domain Resolution policy can be filed by the Complainant under the following grounds:
Any Person who considers that a registered domain name conflicts with his legitimate rights or interests may file a
Complaint to the .IN Registry on the following premises:
(i) the Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
(ii) the Registrant has no rights or legitimate interests in respect of the domain name; and
(iii) the Registrant’s domain name has been registered or is being used in bad faith.
Please visit here for FAQs on INDRP.
Leave a Reply