INTRODUCTION
In the age where every business runs through the internet, Domain names have now become much more than mere identification of internet resources. All large companies and the services they offer can now easily be known by visiting their websites. However, there are instances where two companies are using nearly same Domain name and that’s where the Trade Marks Act 1999 came into play. The first ever dispute over a domain name occurred in 1993, over the name mtv.com. According to Bill Gates, the founder of Microsoft, “Domains have and will continue to go up in value faster than any other commodity ever known to man”. Broadly, the functions of domain names are now quite similar to the functions of a trademark or service mark, for these purposes.
TRADE MARK vs DOMAIN NAME
“Trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colors , and in relation to Chapter XII (other than section 107), a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark. Whereas a domain name is an Internet resource name that is universally understood by Web servers and online organizations and provides all pertinent destination information. To access an organization’s Web-based services, website users must know the precise domain name.
There is a distinction between a trademark and a domain name, which is not relevant to the nature of the right of an owner in connection with the domain name, but is material to the ’scope of the protection’ available to the right. The distinction lies in the manner in which the two operate. A trademark is protected by the laws of a country where such trademark may be registered. Consequently, a trademark may have multiple registrations in many countries throughout the world. On the other hand, since the internet allows for access without any geographical limitation, a domain name is potentially accessible irrespective of the geographical location of the consumers. The outcome of this potential for universal connectivity is not only that a domain name would require worldwide exclusivity but also that national laws might be inadequate to effectively protect a domain name.
This Article shall be continued and is the first in the series of ‘Domain Name Disputes’.
