This past week, the Delhi High Court, issued directions for effective disposal of domain name disputes. In the case, one of major issues was whether the intervention of the Court would be required in every case which involves registration of infringing domain names. The Court opined that in order to tackle this issue, Domain Name Registrars should create a mechanism by which any trademark owner, objecting to the registration of a domain name, can approach the Domain Name Registrar and seek cancellation/transfer of the domain name. These requests should be fairly evaluated through an independent Ombudsman. The IP owners would be free to avail the remedies in accordance with the law if they do not agree with decision of Ombudsman.
The Court, further, stated that the abuse policy implemented by Domain Name Registrars should not merely deal with suspension but also cancel/transfer of the infringing domain names. The Court also emphasized that the abuse policy should be implemented by Domain Name Registrars through specified officials who must be based out of India.
Snapdeal Pvt. Ltd. v Godaddycom LLC and Ors CS (COMM) 176/2021