Before the emergence of e-culture, intellectual property rights i.e. trade mark in the product is acquired through continuous promotion of the particular brand name by means of advertising through media, like the press, television, radio broadcast and other means. Now information about a particular product or a reputed brand name is easily accessible through the powerful search engines available on the internet. This factor has also opened a Pandora’s Box on the aspect of intellectual rights in domain names and their conflicts vis-à-vis the registered trade mark.

A domain name is the address of a business entity on the internet or cyberspace or a reference for having access to the business credentials of an entity. The conflict situation arises typically when in addition to registered trade mark approaches the registering authority for registration domain name on the internet in order to guide the potential customers to the site where more details about its product or services can be provided.

In all probability, the domain name chosen by such company has to be its registered trade mark/brand name or identical one. For example, Microsoft Inc would seek domain name such as Microsoft.com.

For registration of domain name a person can apply to Network solutions Inc of USA following the rules of Domain name registering policy of the registering authority India and cannot be allowed if there is infringement Trade mark and passing off as per Trade mark Act.

But where the Cyber squatter is situated in different country and contends that the fact of Trade mark having been registered in India was not known to him and Indian court have no jurisdiction over it.

In all probability, it would be situation of give and take that is the transfer of domain name takes place simultaneously with payment of a hefty compensation by the holder of a trade mark to the holder of the deceptive domain name. However where the holder of the trade mark instead of succumbing to the pressure of cyber squatter takes the matter to the administrative body that is WIPO for rectification of the domain name, his case is likely to be thrown out for want of evidence to prove bad faith.