Domain Name Similar To Broadcast Channel’s Name Not Registrable

The absence of policy whereby registered owners of trade mark are entitled to register its mark with ICANN on payment of fee with the stipulation that in case any person seeks to register a domain name consisting of the registered mark, no objection would be required to be obtained from the owner of the registered mark, similar to the one as in force in India by National Informatics Centre, was pointed by the Delhi High Court in Zee Telefilms Ltd & Ors. v. Zee, Kathmandu & Ors. (2006 (32) PTC 470(Del.)). ICANN, located in California, USA is the entity which oversees domain name registrations.

In Zee Telefilms case the plaintiffs, group companies engaged in the production of programmes/broadcasting various channels, which constituted Zee Network and whose telecast took place all over the world, filed a suit against defendant for permanent injunction restraining passing off in respect of domain names Zeetv.com, Zeecinema.com, Zeeenglish.com, Zeemgm.com, Trendz.com and Zeemusic.com.