Category: Domain Name Law

The Trademark Clearinghouse (TMCH) is a centralized database established by the Internet Corporation for Assigned Names and Numbers (ICANN) as part of its effort to protect trademark rights during the expansion of the domain name system. Introduced alongside the New gTLD Program in 2013, the TMCH serves as a rights protection mechanism for verified trademark…

The legal use of a trademark within a domain name is a topic that lies at the crossroads of intellectual property rights and free expression. Trademark owners are empowered by law to prevent others from using their marks in a way that causes confusion or dilutes the distinctiveness of their brand. However, not all uses…

Registering domain names that contain third-party trademarks is a legally sensitive and potentially hazardous practice that demands careful risk assessment. While domain name investment can be lucrative, and some uses of third-party marks are legally permissible, the inclusion of a protected trademark in a domain name raises immediate red flags for brand owners, legal enforcers,…

For domain investors, corporate buyers, and brand protection professionals, conducting thorough due diligence on domain name portfolios is an essential task—one that extends far beyond current registrations and visible content. Among the most underutilized yet critically important tools in this process is the analysis of historical trademark (TM) data. Understanding the trademark history associated with…

India’s proposed Digital India Act (DIA), currently in draft form as of 2025, represents an ambitious overhaul of the country’s digital governance framework. Intended to replace the decades-old Information Technology Act of 2000, the DIA seeks to modernize regulatory approaches to reflect the current realities of India’s rapidly expanding digital economy. One of the notable…