Navigating the Cyber Lanes International Commercial Arbitration in the Realm of Domain Names

Abstract

Cybersquatting refers to the act of intentionally register domain names that mimic established trademarks, aiming to profit from later selling them to the original trademark holders. The rapid expansion of the internet has intensified this problem, affecting businesses globally and giving rise to a significant area of conflict in intellectual property and domain name law. The Internet Corporation for Assigned Names and Numbers’ (ICANN) Uniform Domain-Name Dispute-Resolution Policy (UDRP), offer alternative arbitration mechanisms to deal with the issue of cybersquatting as traditional trademark law often falls short to address it sufficiently. This paper discusses the function of UDRP in tackling cybersquatting through an efficient arbitration process, including the procedural requirements necessary to initiate a domain dispute claim. Furthermore, the role of the World Intellectual Property Organization (WIPO) in providing specialized arbitration and mediation for domain name conflicts is explored, highlighting the impartiality, expedited processes, and qualified adjudicators that WIPO offers to affected parties. The paper looks into the Indian approach where protection for domain names remains underdeveloped. Even with no laws concerning cybersquatting, Indian courts have taken recourse to common law and extended protection to domain names via the scope of passing off. The paper also seeks to analyze the effectiveness of introduction of the .IN Dispute Resolution Policy (INDRP) in curbing cybersquatting.