DOMAIN NAME AND DISPUTES

The virtual address of the networking world/the internet is known as Domain name, which eases the process to find out the web pages and the e-mails sent by the users. With an hierarchy order the concept of domain names can be understood better.

The topmost level of hierarchy arises following the last dot (.) In a Domain name addressed most commonly as “.COM”, with other not so common but heard of levels of domain names as “.ORG” etc. Each country been provided with a unique domain name. The Level two of domain names are the ones which arise over such domain name disputes.

Whereas, Two identical domain names cannot co-exist. By following up the process ,for registering a counterpart domain as the prior one (domain) a request should be made to the organization holding the powers to assign names, manage it further with the alterations in records and so on. With increasing numbers of networking users, it has come to notice that the domain name must be authentic and complementary to the business or company for which it is provided either the ones promotes through these for the public to be familiar with the prospects. For which before the hold of ownership over a particular domain name , the company or organisation in need of a one should file an application to the appropriate authorities, which further will engage them with domain names as  Wikipedia.com , Facebook.com, theart.org and Thenew.org.

However, the incidents of recent past transparent the situations of legal actions and the disputes over similar domains. Alot of individuals and groups have collectively claimed remedies against such disputes for which least enactments are provided by the legislature with powers consolidated and no specific set of guidelines being available.One of which is Anti-cyber-squatting Consumer Protection Act of 1999, which was passed in response to intense applications filed by trademark owners and Known individuals. After the said enactment, to own a similar domain became much easier but with necessary precautions, few of which being “The party applying for same must be acting in good faith”, “The domain to be registered must follow the order of hierarchy with additions” for an example:

.com or .eduis
               (a top-level domain name -TLD)

cornell.eduis
         (a second-level domain name -SLD)

bigred.cornell.eduis
        (a third-level or three-part domain)

nameproject.bigred.cornell.eduis
(a fourth-level or four-part domain name)

While, some parts of the said act enable the individuals to file a civil action against anyone registering their domain names as second level domain name without prior notice of the fact, on the other hand, simultaneously some of the portions of this statute protects users from Individuals who act in bad faith to seek the registeration of the domain name similar to theirs. With both penal and civil claims and actions at the parallel the said statute preserves the future possibilities of infringement over an individuals promotion and split of fame and goodwill. The only backdraw is the awareness over the topic which creates panic in the users , victim of an incident, to take a step further and approach appropriate authorities with knowledge of proceedings and rights individual hold over their authentic virtual address.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

Adjudicatory Body – Aishwarya Sandeep

Development in Company Law – Aishwarya Sandeep

Corruption 12 – Aishwarya Sandeep

3 comments

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.