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Domain Name Registrars should create mechanism for removing infringing domains: Delhi High Court

Counsel appearing for the DNRs said that GoDaddy (one of the defendants) has implemented an abuse policy which enables the trademark owners to fill up a form and seek suspension/locking of the domain names.

However, the judge said that this abuse policy may not be sufficient since it still requires IP owners to approach a court.

“The question that arises is as to whether the intervention of the Court would be required in every case involving registration of infringing domain names, particularly considering that they are registered in respect of lakhs and lakhs of domain names, especially for well-known trademarks. In fact, DNRs offer alternate domain names on their own, without anyone seeking the same,” the Court said.

Therefore, the Court directed the counsel appearing for these DNRs to file an affidavit on the issue and listed the case for further hearing on August 3.

Source: Barandbench

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