Paragraph 3 of INDRP (.IN Domain Name Dispute Resolution Policy) provides that it is the Registrant’s responsibility to determine whether the domain name registered by him infringes or violates someone else’s rights.
That is, by applying to register a domain name, or by asking a Registrar to maintain or renew a domain name registration, the Registrant represents and warrants that:
(a) the statements that the Registrant made in the Registrant’s Application Form for Registration of Domain Name are complete and accurate;
(b) to the Registrant’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
(c) the Registrant is not registering the domain name for an unlawful purpose; and
(d) the Registrant will not knowingly use the domain name in violation of any applicable laws or regulations.
Ofcourse, bad-faith presumption arises in case of famous trade or service mark or brands. And not only you will be liable under INDRP proceedings but also in other civil proceedings compensation can be claimed.
Recently, Delhi High Court passed temporary injunction against use of word ‘Naukri’ by owners of CV Naukri Services Pvt Ltd in their website like: cvnaukri.co.in, cvnaukri.org, cvnaukri.in, etc … as Naukri is already a well established TradeMark for Naukri.com (Info Edge India Ltd). The matter is pending before the Delhi High Court, though surely some compensation should be passed in the end.
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