"There is no legislation which explicitly refers to dispute resolution in connection with domain names. This, however, does not mean that domain names are not to be legally protected to the extent possible under the laws

There is no legislation, which explicitly refers to dispute resolution in connection with domain names. Although the operation of the Trade Marks Act, 1999 itself is not extra territorial and may not allow for adequate protection of domain names, yet this does not mean that domain names are not to be legally protected to the extent possible under the laws relating to passing off. Passing off is a form of tortuous action based on the object to protect the goodwill that a trader has in his name, unlike an action for infringement of a trademark where a trader's right based on property in the name as such. The law of passing off applies whenever there is the prospect of confusion between marks or where there is the prospect of confusion of identity through the unauthorized use of similar marks. The protection of domain names in India has been in some ways, a favourable one, because the Courts in India have been more patient towards the concept of providing legal protection to domain names as that to trademarks through the instrument of passing off. Domain names serve the same functions as a trademark, and are not mere addresses or like finding a number on the internet and therefore, it is entitled to equal protection as trademarks. Domain names are entitled to the protection as trademark and trade mark law applies to the activities on internet, and the mere fact that the petitioner has no registered domain name by itself may not stand in the way of passing off action.