Domain names and brand disputes

At a glance

A domain registration is not a complete trademark clearance. Identify the name, goods or services, earlier use and the conduct complained of.

Law and context

The Trade Marks Act addresses relevant registered and unregistered rights, while domain dispute policies and contracts can provide separate processes. A legal notice, policy complaint and court claim have different requirements.

Practical next step

Preserve registration details, branding history, website use, relevant marks and communications. Obtain advice on the correct legal or policy route before making accusations or transferring a disputed domain.

Important qualifications

This guide does not determine cybersquatting or recommend a transfer. Do not access another party’s registrar account or make false ownership claims.

Document checklist

• Domain and use record
• Brand ownership evidence
• Relevant marks
• Notices and policy documents

Sources

• The Trade Marks Act, 1999 — 27-30,134,135
• The Information Technology Act, 2000 — 66C,66D

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.