The issue concerning protection of domain names came up before the Supreme Court of India in the case of Satyam Infoway Ltd. v Sifynet Solutions P.Ltd (2004(28) PTC 566). The Court, in an authoritative decision has held that internet domain names are subject to the same legal norms applicable to other intellectual properties such as trade marks. The Court further held :
“The use of the same or similar domain name may lead to a diversion of users which could result from such users mistakenly accessing one domain name instead of another. This may occur in e-commerce with its rapid progress and instant (and theoretically limitless) accessibility to users and potential customers and particularly so in areas of specific overlap. Ordinary consumers/users seeking to locate the functions available under one domain name may be confused if they accidentally arrived at a different but similar website which offers no such services. Such users could well conclude that the first domain name owner had misrepresented its goods and services through its promotional activities and the first domain owner would thereby lose their custom. It is apparent therefore that a domain name may have all the characteristics of a trade mark and could found an action for passing off.”
