Mechanics of domain names and Indian judicial approach to their disputes: A study

Internet has created a virtual world in which most of the activities of real world concerning business are undertaken. The existing laws are meant for real world with political boundaries in which tangible documents are created to facilitate proof in case there is a dispute. The virtual world is borderless and paperless. It has engendered a new generation of legal issues pertaining to different branches of law including trade mark law. A good number of disputes relating to domain names have been decided by the courts in India by applying different principles of trade mark jurisprudence. This paper makes an attempt to appraise the approach adopted by the courts in resolving these disputes and to find out how far our courts have fallen in line with the judicial principles evolved and established in other jurisdictions.