Injuction order and stay required against UDRP order to transfer domai

568 votes

If the domain is long term used and the transfer has been demanded without any reasonable cause and also agains the terms, we can immediately seek injunction from the court. Kindly share the further details for better understanding of the matter. Feel free to connect. Thanks

Advocate Bhawana Pandey LawRato

739 votes

Domain names can be registered and protected as trademarks as long as it meets the requirements under the Trade Marks Act 1999. You can also file a complaint under the IN Domain Name Dispute Resolutjon Policy (at national level). Rest details will depend on your documentation and detailed facts. Hope this helps. Thanks

Advocate Udita Singh LawRato

823 votes

Under UDRP rules, a domain transfer order can be stopped if you file a civil suit in India before the registrar executes the transfer. Indian courts have jurisdiction because the domain is registered through an Indian registrar and your business operates in India. Courts routinely grant interim injunctions to protect long-standing bona fide users, especially when the domain is essential for email and business continuity. You may file a Title Suit for Declaration and Permanent Injunction before the District Court/High Court (depending on valuation) seeking: 1. A declaration of your prior and legitimate use of the domain connected to your registered business; 2. A stay order restraining the registrar from transferring the domain despite the UDRP decision; 3. Direction to maintain status quo until final disposal. Indian courts have previously held that UDRP decisions are not binding on Indian courts (e.g., Satyam Infoway Ltd. v. Sifynet Solutions). If you show long-term good faith use and risk of business disruption, an urgent ad-interim injunction can be obtained. Act quickly, as registrars typically implement UDRP transfer orders within strict timelines. Filing a suit and presenting the court order to the registrar will legally halt the transfer.

Advocate Akshay Kumar LawRato