Understanding the Process and Procedures

• What is a .in domain dispute?

.in domain dispute occurs when two or more parties claim rights to the same .in domain name. These disputes can arise due to various reasons, including trademark infringement, cybersquatting, or bad faith registration.

• Who oversees the resolution of .in domain disputes?

The National Internet Exchange of India (NIXI) oversees the resolution of .in domain disputes. NIXI has established the .IN Registry, which is responsible for managing and administering the .in country code top-level domain (ccTLD).

• What is the INDRP?

The INDRP stands for the .IN Domain Name Dispute Resolution Policy, which provides a framework for resolving disputes related to .in domains. This policy is designed to ensure fair and efficient resolution of disputes in accordance with established principles of law.

• How does the dispute resolution process work?

The dispute resolution process under the INDRP involves several steps:

1. Filing a Complaint: The complainant submits a formal complaint to the INDRP, outlining the basis of their claim.
2. Appointment of an Arbitrator: An independent arbitrator is appointed to review the case and decide the Complaint.
3. Submission of Evidence: Both parties are required to submit evidence supporting their claims and defences.
4. Arbitration Proceedings: The arbitrator conducts the proceedings, including hearings and examination of evidence. The proceedings are conducted virtually and submissions are to be made through email.
5. Decision: The arbitrator issues a decision based on the evidence presented and applicable laws.

• What are the grounds for filing a complaint?

A complaint can be filed if:

1. The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
2. The domain name registrant has no legitimate interest in the domain name.
3. The domain name has been registered or is being used in bad faith.

• Is there any word restriction or restrictions on size of documents to be submitted with the complaint?

Yes, as per the INDRP Rules, the (maximum) word limit are 5,000 words for all submissions in the Complaint (excluding annexures). Annexures shall not be more than 100 pages in total.

• What constitutes bad faith registration?

Bad faith registration can include actions such as:

1. Registering the domain name primarily to sell, rent, or transfer it to the complainant or a competitor for profit.
2. Registering the domain name to prevent the owner of the trademark from reflecting the mark in a corresponding domain name.
3. Registering the domain name to disrupt the business of a competitor.
4. Using the domain name to attract, for commercial gain, internet users by creating confusion with the complainant’s trademark.

• How long does the dispute resolution process take?

The time frame for a completing proceeding in a .in domain dispute as provided in the policy are 60 days from the date of commencement of arbitration proceeding. The date of commencement of the arbitration proceeding shall be the date on which the Arbitrator issues notice to the Respondent. In exceptional circumstances, the timeline may be extended by a maximum period of 30 days by the Arbitrator to pass an award subject to a reasonable justification in writing.

• What are the possible outcomes of a dispute resolution?

The arbitrator can issue a decision that includes:

1. Transfer of the domain name to the complainant.
2. Cancellation of the domain name.
3. Rejection of the complaint, allowing the registrant to retain the domain name.

• Is the arbitrator’s decision final?

Yes, the arbitrator’s decision is final and binding on both parties. However, parties have the right to challenge the order/ seek judicial review if they believe there has been a significant error in the decision-making process. The grounds for challenge are limited.

• How can I avoid .in domain disputes?

To avoid domain disputes, consider the following best practices:

1. Conduct thorough research before registering a domain name to ensure it does not infringe on existing trademarks.
2. Register domain names that are distinctive and not easily confused with established brands.
3. Maintain accurate and up-to-date contact information in the domain registration records.
4. Respond promptly to any claims or disputes filed against your domain name.

• Can I transfer my .in domain during a dispute?

No, domain transfers are prohibited during an ongoing dispute resolution process to prevent any changes that could affect the outcome of the case. In fact, the NIXI directs the domain registrar to lock the domain post receipt of the complaint and has to be specifically requested to unlock the domain for transfer post expiry of the Appeal period that is 90 days from the date of decision.

• How much does it cost to file a complaint?

The official fee to file a complaint under the INDRP is INR 35,400/- (approximately USD 410). For a personal hearing, the official fee is INR 2,360 (approximately USD 30) per hearing and maximum two hearings are allowed.

• Where can I find more information about the INDRP?

For more detailed information about the INDRP, you can visit the official website of the .IN Registry or contact the National Internet Exchange of India (NIXI) at https://nixi.in/

• Can I represent myself during the dispute resolution process?

Yes, parties can choose to represent themselves during the dispute resolution process. However, it is often beneficial to seek professional advice from legal experts or domain dispute resolution specialists to navigate the complexities of the process effectively.