Litigation Support

IP Litigations

All the remedies for trademark, copyright, patent, GI, and design infringement are the same. They are of two types:

1. DAMAGES:
It is one of the common remedies available. It allows the party that is injured to institute legal proceedings against the other party with the aim of acquiring compensation for any damage which the injured party might have incurred.

2. INJUNCTION:
while awarding remedies damages and injunction are mostly combined. Injunction is the legal order by which it restrains the party from performing a particular act which violates the rights of the other

Domain Name Resolution Practice

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the administration of Top Level Domain Names. The Uniform Dispute Resolution Policy provides for the settlement of domain name disputes for the Generic Top Level Domains Name (GTLD) such as .com, .edu, .net, among others. The UDRP complaints may be filed with any of the ICANN accredited arbitration centres. UDRP also allows for the filing of the complaints at the jurisdictional civil court where the Registrant or the Registrar is located. Where the Registrar or the Registrant is located in India, the dispute may be resolved through legal action at the civil court.
In India, there is no legislation which directly addresses the problem of domain name disputes and cybersquatting. It was in response to these issues, .IN Dispute Resolution Policy (. INDRP) was formulated by the .IN Registry for the domain name dispute resolution in India. .IN registry is a part of the Nation Internet Exchange of India (NIXI) which is a not-for-profit organization facilitating exchange of domestic Internet traffic. .IN Domain Name Dispute Resolution Policy (INDRP) lays down the rules and regulations (Dispute Resolution Policy and Rules of Procedure) for resolving disputes arising out of registration and use of the .in domain name