The Domain Name Chaos- A Legal Perspective

By Christine Chiramel (Advocate)
Associate, Vaish Associates Advocates, New Delhi, India

ABSTRACT- Direct or indirect laws may be invoked to curb the menace of cyber squatting and domain name disputes through adjudication mechanisms in place but is our domestic and international legal system proficient enough to actually enforce the same efficiently? The arbitration panel decisions of ICANN approved WIPO Arbitration and Mediation Centre are not binding on national courts. Is the resource going to waste?

KEYWORDS- Domain name disputes, Cyber squatting, ICCANN, WIPO Arbitration and Mediation Centre arbitration panel decisions, Passing off, Trademarks

INTRODUCTION

The virtual world is a complex parallel universe, where cyber squatting and domain name disputes have become a serious problem today due to the unlimited scope of the internet. The DNS 1st cum 1st served policy is a breeding ground for opportunists with neither trademark registration, nor any