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Domain Name Registration . August 29, 2008. Sanjay Gupta. Domain Name. Paul Mockapetris (IETF Publication) Collection of Network device It is a string of “nodes” leading to “root node”. Each node is separated by dot
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Domain Name Registration August 29, 2008 Sanjay Gupta
Domain Name • Paul Mockapetris (IETF Publication) • Collection of Network device • It is a string of “nodes” leading to “root node”. Each node is separated by dot • Symbolic representations allowing the use of unique alphabetical addresses, restricted to ASCII letters
Domain Name System (DNS) • Top Level Domains • Generic:- .biz, .com, .info, .net, .org, .pro, .name • Sponsored:- .aero, .asia, .coop, .edu, .gov, .jobs, etc • Reserved:- .reserved, .invalid, .test • Pseudo:- .bitnet, .local, .root • Country Code (ccTLD) • Second & Lower Level Domains:- general names • Geodomains
Domain Name • Cybersquating:- registering, selling & using of the Domain name with the intent of profiting from the goodwill of some one else trademark • Domaining:- Internet Real Estate • Typosqatting:- URL Hijacking - Domain name similar to Intellectual Property • Catchall Typosquatting:- Redirecting to some other URL without knowledge • Ticket resale:- Middleman between actual user and Licenser (commonly known as ticket brokers)
Domain Name • Domain Hack:- del.icio.us v delicious • Domain hijacking • Reverse Domain Hijacking (Goldline Case) • Domain Spining – Redemption Grace Period • Domain Name Warehousing / Domain Parking
Domain Name Warehousing • GNSO Council Delete Task Force - a council organized under ICANN specific 3 modes of warehousing were identified: • The registrant allows the domain name to lapse, but registrar fails to delete the domain name during the grace period, resulting in a paid renewal to the registry. The registrar subsequently assumes registration of the domain name. • The registrant purchases the domain name through fraud and the registrar assumes registration of the name to resell in order to minimize losses. • The registrar registers the domain in its own name outright.
Domain Name • Domain Tasting & Domain Kiting • Domain tasting is the practice of a registrant using the five-day "grace period" (the Add Grace Period) at the beginning of the registration to test the marketability of the domain. • Domain Kiting is the process of deleting a domain name during the five-day grace period and immediately re-registering it for another five-day period. This process is repeated n number of times with the end result of having the domain registered without ever actually paying for it.
Controlling Authority • The Internet Corporation for Assigned Names and Numbers (ICANN) • Generic Names Supporting Organization • Country code Names supporting Organizations • Address Supporting Organization • Domain name registrar - Domain Name System (DNS) • WIPO & National Arbitration Forum • Whois.net (established in June 2002)
Acts For Domain Name Registration • Uniform Dispute Resolution Policy (UDRP) • Anticybersquatting Consumer Protection Act. (United States Federal Laws) in 1999
UDRP • Adopted on October 24, 1999 • Mandatory Administrative Proceeding • Applicable Disputes • Domain Name is Identical / confusingly similar to trademark / service mark • No rights / legitimate interest • Domain name is registered and used in Bad Faith • Domain Name is registered & Acquired for purpose of selling, renting or for transferring it to legitimate Trademark holder for a value higher than actually incurred • To prevent holder of Trademark/ Service mark for reflecting the same in a corresponding Domain Name • For Disrupting the business of Competitor • To attract customer for commercial gain by creating confusion as to source, sponsorship or endorsement of that Brand name
UDRP • Defenses • Bonafide user, offering goods & services by using that Domain Name • Commonly known with that Domain Name • It is for legitimate non-commercial / fair use without any intent to mislead customer / tarnish trademark in issue
Transfers & Assignment • No transfer during:- • Pending Administrative Proceeding / 15 days after its conclusion • Pending Court Proceeding • Unless the transferee agrees (in writing) to be bound by decision Change in Registrar • No Change in Registrar during:- • Pending Administrative Proceeding / 15 days after its conclusion • But you can transfer administration of your Domain name subject to Domain Name dispute policy • Once transferred, cannot be transferred again for 60 days, except back to previous registrar
Scenario in India • National Internet eXchange of India (NIXI) • India do Not subscribe to UDRP • .IN REGISTRY – Official .IN Domain Name Registry INDRP • The INDRP is a mandatory • Drafting similar to UDRP but adhering to Indian IT Act, 2000