Someone registered a domain name identical to my brand/trademark, what can I do?

Question

I found that someone has registered a domain name using my company's brand name or trademark, apparently to profit from it or mislead customers. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Someone registered a domain name identical to my brand/trademark, what can I do? is governed in India primarily by Trade Marks Act, 1999 – Section 29, Information Technology Act, 2000 – Section 66D and .IN Domain Name Dispute Resolution Policy (INDRP). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

If you hold a registered trademark, using an identical/deceptively similar mark as a domain name to sell competing goods or mislead consumers constitutes trademark infringement under Section 29 of the Trade Marks Act, 1999, entitling you to an injunction and damages through a civil suit.

For '.in' or '.co.in' domains, you can file a complaint under the INDRP (.IN Domain Name Dispute Resolution Policy) administered by NIXI, which is a faster, cheaper arbitration-style process (typically resolved in a few months) compared to a full civil suit.

For generic top-level domains like '.com', the equivalent mechanism is the UDRP (Uniform Domain-Name Dispute-Resolution Policy) administered by ICANN-accredited providers such as WIPO, where you must show the domain is identical/confusingly similar to your mark, the registrant has no legitimate interest, and it was registered/used in bad faith.

If the fake domain is also being used to defraud customers (phishing lookalike site), Section 66D of the IT Act applies criminally in addition to your civil/arbitration remedy, and you should report it to cybercrime.gov.in as well for takedown.

Courts in India (e.g., Delhi High Court in several 'John Doe' orders) have also granted quick injunctions against cybersquatters and can direct domain registrars to suspend the infringing domain during litigation.

What to do next: 1) Send a cease-and-desist notice to the domain registrant; 2) File a complaint under INDRP (for .in domains) or UDRP (for .com/generic domains); 3) Report to cybercrime.gov.in if the domain is used for phishing/fraud; 4) File a civil suit for infringement and injunction if arbitration doesn't resolve it.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Trade Marks Act, 1999 – Section 29 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.