A domain name is an easy-to-remember name that’s associated with a physical IP address on the Internet. It’s the unique name that appears after the “@” sign in email addresses, and after “www.” in web addresses. Anyone can purchase a domain name. You just go to a domain host or registrar, find a name no one else is using, and pay a small annual fee to own it.
Function of domain name:
Domain names provide an easy way to recognize and memorize the names using the numerically addressed Internet resources.
– It is used to address the Internet resources placed on internet or it provides an abstraction that allows the resources to be moved from one place to another in hierarchy.
-It provides a way to move the resources in topological form and provide the translation to be done using the IP addresses and domain names.
– Domain names provide a way to the registrants to refer to the domain owners for their registration of the domain and have the ownership of it.
Trademark:
Trademark is a mark capable of distinguishing the services and goods of one person from those of others and being represented graphically. It may consist of the shape of goods, their packaging and a combination of colours. It includes a brand, logo, label, name, signature, letter, word, numeral, packaging or combination of colours.
Some businesses use their registered trademarks as domain names. Thus, once a domain name is chosen, the holder can apply to obtain trademark protection for the domain name to prevent any third party from using the name at national and International levels. Domain names can also be registered as a Trademark with .in and .com.
Advantages of Trademark Registration of Domain name:
- Ensures no one use it without permission.
- Ensures no one use the same name in the market
- Protect you in the case of misspellings or variations on the top level domain (.com, .org, .net)
Case Law:
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Adobe, Inc vs. Namase Patel and Others on 11 March, 2022
- Delhi High Court held that “Infringing Domains i.e. www.addobe.com and www.adobee.com, shall be blocked immediately as the plaintiff has registered their trademark ADOBE as device mark.”
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Ht Media Limited & Anr vs Brainlink International, Inc. & … on 28 April, 2020
- Delhi High Court held that “Defendants are restrained from creating any third party rights in the impugned Domain name www.hindustan.com. The Registering authority of the Domain name www.hindustan.com is directed to block the said Domain name as Plaintiffs have Trademark rights in their Marks Hindustan and Hindustan Times as wordmark.”
Conclusion:
A trademark protects and promotes the brand name, while a registered domain name protects unauthorised use by any entity or person, both in connection with internet communication and business & commerce on the internet. One can register the word mark under trademark to protect the domain name. For instance, in above case law Hindustan times media limited registered their word mark ‘Hindustan’ and ‘Hindustan times’ and with the help of that they are able to protect their domain name as well as their business name.