Every computer on the internet has a unique address just like a telephone number, which is a complicated string of numbers, between 0 to 255, known as the Internet Protocol Address (IP Address). This number is divided into a set of 4 by full stops and is also known as Uniform Resource Locator (URL).

This address being difficult to remember, a system of Domain Name was developed known as DNS. Instead of typing the IP address, the web page can be accessed by typing a domain name. It is a mnemonic device that makes the address easier to remember. 

For example, the IP address of Yahoo India is 203.199.70.100 and its domain name is yahoo.co.in

Types of domain names:

1. The Top-level domain name (TLD): Top-level of hierarchy appears after the last dot (.) in a domain name. (a) Generic Top-level Domain Name (gTLD): There were initially 7 gTLD’s and now 7 more have been announced by ICANN. Some of them are: .com, .edu, .net, .biz, .info, .coop, .aero etc. (b) Country Code top-level Domain Name (ccTLD): They are used by each individual country. Each country determines who may use their code. Example, .jp for Japan, .uk for United Kingdom, .in for India etc.
2. The Second-level domain name (SLD): For gTLD Organisations generally like to register their trademark or trade names as second-level domain names. For ccTLD, a second-level domain name is provided by the registrar registering the domain name. example, .co, .gov, .mil etc.
3. The Third-level domain name (only for ccTLD): It is chosen by an organization that wants to register it. It may be a real-world trademark or trade name. example, tata.co.in where tata is a third-level domain name.

Due to the increasing commercial activities on the internet, domain names are being used by businesses to identify themselves, their products, and their activities as a part of standard communication apparatus.

Domain names are relevant because consumers often perceive them as performing the identical role as that of trademarks and trade names. The courts in the USA have held that domain names may be a valuable corporate asset as they facilitate communication with a consumer base (ACLU v. Reno).

Indian judicial decisions

The Delhi High Court has been at the forefront in propounding that domain names and trademarks are analogous. The Titan Industries Limited v. Prashanth Koorapati and Ors. (1998) is the first case, in India which accorded trademark protection to domain names. In this case, the defendant has registered tanishq.com as its domain name which was based on the plaintiffs’ trademark TANISHQ being using since 1994 and a registered trademark in 23 countries. The plaintiff objected to the use of its trademark as a domain name on the ground that it will cause confusion and deceive the public and there will be a diversion of its business. The court thus ordered an ex-parte interim injunction restraining the defendant from registering a name or operating any business or advertising any goods under the name TANISHQ as an essential feature of the domain name on the internet.

In Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd. (2004), the Supreme Court held that domain names not only serve as an address for internet communication but also identifies the specific internet site. Thus, the domain name may pertain to the provision of services within the meaning of section 2(z) of the Trademarks Act, 1999. A domain name may have all the characteristics of the trademark and could found an action for passing-off. The use of the same or similar domain name may lead to a diversion of users which could result in such users mistakenly accessing one domain name instead of another.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.