Date:13/08/2005 URL: http://www.thehindubusinessline.com/2005/08/13/stories/2005081302690900.htm

Back Use, transfer of disputed domain names in .IN space frozen

Moumita Bakshi Chatterjee

New Delhi , Aug 12

CYBER-SQUATTERS eyeing quick bucks in .IN domain on Internet may soon be caught in their own web.

Stung by a spate of complaints of cyber-squatting in India's ambitious .IN domain name registration process, the designated registry— National Internet Exchange of India (NIXI)— has frozen the use or transfer of certain disputed domains including citi.in, icicibank.in and tatainfotech.in.

A quick search on .IN domain name registry site (www.registry.in) shows that transfer of domains has been frozen in certain cases, to prevent the alleged cyber-squatter from misusing the domain name, or selling it. When contacted, NIXI's Acting CEO, Mr Amitabh Singhal, confirmed that the transfers had been frozen "based on direction from various courts."

"We have received 50-60 complaints regarding dispute on domain names, where the actual owners of the trademark have written to NIXI. Of this, in 10 cases the complainants have approached various courts to get the domain name vacated. Following the directive from courts to hold the ownership and prevent transfers, 4-5 domain names have been frozen," Mr Singhal said.

Earlier this week, two domain names pertaining to Government agencies have also been vacated on `.IN' space.

With the process of appointment of the proposed arbitration panel still on, NIXI is now planning to ask various .IN registrars to approach the alleged cyber-squatters for vacating disputed domain names.

"Based on the complaints that NIXI has received and proof of the trademark that complainant produces, NIXI is likely to approach the registrars to speak to the alleged cyber-squatters. This model has been successful internationally," sources said adding that in case the cyber-squatter refused to vacate the domain name, the arbitration mechanism will come into place.

Meanwhile, the dispute resolution policy, spelling out terms and conditions to resolve disputes arising out of registration and use of .IN domain name, is already in place.

A dispute can arise if a domain name, registered by a party, is similar to a name or trademark in which a complainant has a right; or where a domain name has been registered or is being used in bad faith. "Bad faith" entails circumstances, which indicate that the registrant has registered a domain name for the purpose of selling or transferring it to the complainant who is the actual owner of a trademark.