Trademark and copyright questions come up in two places when you have a website: the domain name you choose, and the content you publish on it. This page gives a short, general overview for India, points you to our detailed guides, and explains how to report infringing content hosted with Domain India.
A domain name is protected by trademark law and passing off, not by copyright; your website's text, images and code are protected by copyright. Disputes over .in domains go through INDRP, run by NIXI, and disputes over .com and other generic extensions go through ICANN's UDRP. Domain India does not decide disputes or give legal advice. To report infringing content or other abuse on a service we provide, write to the address on our Acceptable Use Policy.
This article explains the general position so you know which questions to ask. It is not legal advice. For a decision about your brand, a notice you have received or a dispute you want to bring, speak to a qualified intellectual-property lawyer.
1. Trademark and copyright: what each protects
| Protection | What it covers | Main Indian law | How you get it |
|---|---|---|---|
| Trademark | A name, logo or slogan that identifies your goods or services | Trade Marks Act, 1999 | Register with the Trade Marks Registry (IP India); unregistered names may be protected through passing off |
| Copyright | Original creative work: text, photographs, graphics, video, software code | Copyright Act, 1957 | Arises automatically when the work is created; registration is optional |
| Domain registration | One exact internet address | Registry and registrar policies | Register it and keep renewing it |
The full explanation, including why a domain name cannot be copyrighted and how Indian courts have treated domain names like trademarks, is in Can I copyright my domain name?
2. Choosing a domain that won't get you into trouble
- Search the trademark recordson the IP India website for names close to the one you want, in the classes you trade in.
- Avoid well-known brands and their misspellings.A domain that suggests a link to someone else's brand can be taken from you in a dispute, however long you have held it.
- Prefer a distinctive name.Invented or unusual names are easier to protect later than descriptive ones.
- Register your own trademarkif the name matters to your business, and secure the key extensions such as .in and .com.
3. Copyright and your website's content
Only publish text, photographs, fonts, music, video and code that you created, that you have a licence for, or that is clearly licensed for reuse. "Found on Google" is not a licence. If a developer or designer builds your site, agree in writing who owns the copyright in the design and code.
Our Acceptable Use Policy prohibits distributing pirated software or copyrighted material, and our terms list copyright and trademark infringement as prohibited on all our services. Content that breaks these rules can lead to the removal of content, or the suspension or termination of the service.
4. Domain disputes: UDRP and INDRP
If someone registers a domain that copies your trademark, you don't always need a court case:
- INDRP (the .IN Domain Name Dispute Resolution Policy) covers .in and the second-level .in extensions. It is administered by NIXI, the .IN registry, and an arbitrator decides the complaint.
- UDRP (ICANN's Uniform Domain-Name Dispute-Resolution Policy) covers .com, .net, .org and most other generic extensions. ICANN-approved providers such as WIPO decide complaints.
- Court action for trademark infringement or passing off is also possible, and a court can grant remedies the dispute policies cannot.
Under both policies the complainant generally has to show that the domain is identical or confusingly similar to their mark, that the holder has no legitimate interest in it, and bad faith. Read Domain dispute resolution for how each process runs, and Domain squatting and cybersquatting for the common patterns.
5. Reporting infringement or abuse on a Domain India service
Domain India is a NIXI-accredited .IN registrar and a hosting provider. We don't decide trademark or copyright disputes, but we act on abuse of the services we provide.
- Collect the details:the exact URLs or domain name, what is infringed (your trademark registration or the original work), and proof that you own the rights or act for the owner.
- Send the reportto the abuse address shown under "Reporting Abuse" on our Acceptable Use Policy.
- Use the formal route for domain transfers.If you want a domain transferred or cancelled, file under INDRP or UDRP; the registrar carries out the outcome as the policy requires.
If you are a Domain India customer and have received a complaint about your own site or domain, read it carefully, note any deadline, and take legal advice. If you have questions about your account, open a support ticket.
6. If you received a dispute notice about your domain
- Don't ignore it. If you don't respond by the deadline, the panel or arbitrator decides on the complainant's evidence alone.
- Don't try to move or change the domain. It is locked during a UDRP case, and trying to transfer it can count against you.
- Gather evidence of legitimate use: when and why you chose the name, business registration papers, and dated screenshots of your website.
- Keep your contact details current so notices reach you. See how to change your domain's WHOIS information.
Can I copyright my domain name?
No. Copyright protects original creative works such as text, images and code, not short names. A business name is protected by trademark registration under the Trade Marks Act, 1999 and by the law of passing off.
Is my website's content protected by copyright in India?
Yes. Original text, photographs, graphics, videos and code are protected automatically under the Copyright Act, 1957 when they are created. Registration with the Copyright Office is optional but gives useful evidence of ownership.
How are disputes over .in domains resolved?
Through the .IN Domain Name Dispute Resolution Policy (INDRP), administered by NIXI, the .IN registry. An arbitrator decides the complaint and can order the domain cancelled or transferred.
Which policy covers .com domain disputes?
ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP). Complaints are decided by ICANN-approved providers such as WIPO, and the outcomes are transfer, cancellation or denial of the complaint.
How do I report copyrighted content hosted with Domain India?
Send the URLs, what is infringed and proof of your rights to the abuse address listed under Reporting Abuse on the Domain India Acceptable Use Policy page.
Does Domain India decide trademark or domain disputes?
No. Disputes are decided by independent providers, by NIXI-appointed arbitrators for .in domains, or by courts. Domain India carries out the outcome as the policy requires and does not give legal advice.
Ready to protect your brand? Register the .in and .com of your name at domain registration, read the Acceptable Use Policy, and open a support ticket if you have a question about a domain in your account.
Register .in, .co.in, .com and hundreds more extensions from a NIXI-accredited .IN registrar.
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