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04 Nov 2026

UDRP vs INDRP: How to Recover a Cybersquatted Domain in India

If someone registers a domain using your trademark in bad faith, you do not always need to go to court. For .com and most global domains, you file under the UDRP. For .in domains, including .co.in, you file under the INDRP, run by NIXI. Both can order the domain transferred to you.

This guide explains which applies, what you must prove, typical costs and timelines, and how to prepare. It is general information, not legal advice. Work with a lawyer for your actual filing.

UDRP vs INDRP domain dispute process in India
The Basics

What Are UDRP and INDRP?

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is ICANN's policy for disputes over gTLDs like .com, .net and .org. Complaints go to approved providers such as WIPO.

The .IN Domain Name Dispute Resolution Policy (INDRP) covers .in and its second-level domains. NIXI manages the process and appoints arbitrators from its panel.

Side by Side

UDRP vs INDRP Comparison

Point UDRP INDRP
Applies to .com, .net, .org and most gTLDs .in, .co.in, .org.in and other .in domains
Managed by ICANN-approved providers (e.g. WIPO) NIXI with appointed arbitrators
Decision by One or three panelists Arbitrator
Remedies Transfer or cancellation Transfer or cancellation
Typical timeline About 2 months Often around 2 months; check current NIXI rules
Fees From about USD 1,500 at WIPO for 1 to 5 domains, single panelist Set by NIXI; check current schedule
Court option Either side can still go to court Either side can still go to court
What You Must Prove

The Three-Part Test

Both policies use a similar three-part test. You generally need to show:

  1. The domain is identical or confusingly similar to your trademark
  2. The owner has no rights or legitimate interests in the name
  3. The domain was registered and is used in bad faith, such as to sell it to you, disrupt your business or mislead customers

INDRP wording differs slightly, so read the current policy text with your lawyer.

Get Ready

Evidence to Collect Before You File

  • Trademark registration certificates (India and other markets)
  • Proof of use: website history, sales, ads, media coverage
  • Screenshots of the disputed domain's content, with dates
  • WHOIS or RDAP records and registration date
  • Any messages offering to sell the domain to you
  • Examples of customer confusion or complaints
Weigh Options

Dispute, Buy or Take Down?

Situation Often the best route
Live phishing or fraud site Takedown first, dispute later if needed
Parked domain asking a small price Buying may be faster and cheaper
Clear bad faith, high price demanded UDRP or INDRP
Owner has a real business with the name Get legal advice; dispute may fail

For lookalike threats, see the typosquatting guide. To avoid disputes, plan defensive domain registration.

Prevention

How to Avoid Needing a Dispute

  • Register your trademark early in India and key markets
  • Register your brand in .com, .in and .co.in
  • Never let a brand domain lapse. Use domain renewal services
  • Monitor new registrations for your brand
Real-World Examples

Domain Disputes in Practice

Retail Brand Wins Back Its .in Domain

Client: Fashion retail brand, Chennai

Challenge: A third party registered the exact brand name in .in and redirected it to a competitor.

What we did: Evidence pack (trademark, use history, redirect proof), coordinated with the brand's lawyer, INDRP complaint filed, domain locked after award.

Results:

  • Domain transferred to the brand after the decision
  • Added to monitored portfolio with registry lock
  • 8 priority variants registered defensively

SaaS Company Chooses Purchase Over UDRP

Client: SaaS company, Hyderabad

Challenge: A parked .com of the brand was listed for sale at a moderate price with no bad-faith use.

What we did: Compared UDRP cost and risk with purchase price; negotiated through escrow.

Results:

  • Domain bought for less than estimated UDRP costs
  • Transferred and locked within 2 weeks
  • No legal risk or delay
In Short

Know Your Route Before You Act

Use UDRP for .com and most global domains and INDRP for .in domains. Both work best with strong trademark evidence and clear bad faith. Sometimes buying or a takedown is faster. Always check current rules and fees, and involve your lawyer.

Flying Stars supports evidence gathering and process through our domain and trademark protection service.

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