DATE OF JUDGEMENT: 13.07.2022
CASE NO:CS (COMM) 176/2021
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Honourable Justice Prathiba M Singh
CASE TITLE: Snapdeal Pvt.Ltd. Vs GoDaddy and Ors.
This is a case where the Hon'ble High Court of Delhi has directed the DNRs to devise a mechanism in order to enable the rights holder of a trademark to fight with rogue websites.
Now question is this, what are these DNRs. DNRs are domain name registrar's which are responsible for granting domain names to a party.
Till date there is no any mechanism which can safe guard the interest of right holders.
Any body who is interested in getting a domain name registered, can get it registered after paying the necessary fee.
Its been long days, it has been felt that some effective mechanism has to be developed so that the right holder can participate in such grant of domain name process.
To some extent, the Hon'ble High Court of Delhi has tried to fill up this lacuna vide order dated 13.07.2022 passed in Suit bearing CS (COMM) 176/202 titled as Snapdeal Pvt.Ltd. Vs GoDaddy.
The Hon'ble Court has observed that the DNRs to create a mechanism by which any trademark owner who has an objection to the registration granted to any domain name, can approach the said DNR and seek cancellation/transfer of the said domain name.
Its good order especially in favour of right holders , who have to keep on filing various suits against the rogue websites.
This order will provide a way out to the right holders to participate in the process of grant of domain names by the Domain Name Registrars.
Ajay Amitabh Suman, IPR Advocate
Hon'ble High Court of Delhi
ajayamitabh7@gmail.com
9990389539.
