The central legal point established is the need for stringent measures to enforce compliance with court orders by DNRs and the importance of due diligence by intermediaries in the digital domain.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. These matters relate to domain names being registered by unknown third parties infringing trademark right of various brand owners and implementation of court orders by the Domain Name Registrars (`DNR'). From time to time, various directions have been passed by this Court in respect of blocking and locking of the infringing domain names, and implementation of court orders by various DNRs, which may or may not be located in India.

3. Vide previous order dated 10th February, 2023, the following directions were issued:

"8. In view of the aforementioned facts which have come to light through MEITY's status report, the submissions made before this Court from time to time and the e-mails which have been placed on record today, such as e-mails by Namecheap Inc, it is clear that stringent steps would be required to be taken, in order to curb the menace of illegal domain name registrations having well known marks and names of business houses. It is accordingly directed that MEITY/DoT/the appropriate authority shall take steps action in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 against DNRs who do not agree to comply with the said Rules or do not appoint grievance officers or implement orders of Indian Courts/Authorities.

9. Ld. Counsel for the Plaintiffs are free to communicate with the official from MEITY Mr. Pradip Verma, who shall act as the nodal officer for this purpose to coordinate with DoT and any other authorities, at the e-mail address pradip.verma@meity.in and submit their respective lists of DNRs who are stated to be not complying with the orders passed by this Court and not appointing the grievance officers.

10. It is directed that the concerned MEITY/DOT officials shall peruse the various orders which are passed in these proceedings prior to taking any action under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Steps in respect thereof, in terms of Rules be taken within four weeks. The action so taken shall be placed on record by MEITY by means of a status report by the next date of hearing."

4. Pursuant to the above order, today, a status report dated 25th March, 2023 has been placed on record on behalf of MeitY, which has been signed by Mr. V. Chinnaswami, Scientist, MeitY. The following aspects and stand of the MeitY have been elaborated upon in the said status report:

i. The first aspect that has been considered in the status report is in respect of action that can be taken by ICANN against the DNRs which do not give effect to orders of the court of competent jurisdiction. The status report informs the Court that MeitY had followed up with ICANN in respect of issued involving domain name infringement and non-compliance of court orders by DNRs. By reply dated 31st January, 2023, the clarification given by the ICANN is to the following effect:

"4. That Internet Governance Division of MeitY followed up with the Internet Corporation for Assigned Names and Numbers (hereinafter referred to as 'ICANN') on the issues involving domain name infringement and non-compliance of DNRs in a related matter. ICANN, in its response placed at Annexure I, has submitted as follows. That Section 5.5.2.1.4 of the RAA (Registrar Accredited Agreement) states that ICANN may terminate a registrar's RAA where a court of competent jurisdiction determines that the registrar has failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of domain names sponsored by the registrar. If evidence is received, ICANN Contractual Compliance would follow its established process and take enforcement action as permitted by the RAA. The RAA provides various means of redress for consideration; termination of the RAA is not the only option provided.

5. That pursuant to the process established by ICANN and as per th