WHAT ARE THE LAWS AGAINST CYBER SQUATTING? Cyber Squatting in India . A complete analysis of cyber squatting and laws. Overview of cybersquatting laws in India and famous cases involving cyber squatters. Case and legal action can be taken against. What is cybersquatting? Cybersquatting or domain-name hijacking refers to the practice of bad faith registration of a domain name under the.
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Cyber Squatting Laws In India – Intellectual Property – India
The Court in Case Supra further observed that ” As far as India is concerned, there is no legislation which explicitly refers to dispute resolution in cybersquattihg with domain names. India has also established its own registry by the name INRegistry under the authority of National Internet Exchange of India NIXIwherein the dispute related to the domain name are resolved under the.
In such cases, the cybersquatters register that particular domain name in their name. File Divorce in Delhi – Right Now! Private defense under IPC. No two websites can have the same domain name. It is the first case that was reported in India regarding cybersquatting. However, it is just a beginning and still, there is no effective system or laws to combat Cybersquatting.
Cybwrsquatting strategy a victim may choose but he should not undermine the negative effects that cybersquatting can indla if left unchecked.
First step to acquire a domain name is to contact the administrator of the TLD and if the identical requested domain name is not already assigned, the cybersquattibg will be then approved by the administrator. There is a specific registration process involved. Subscribe so that you never miss another post!
Cybersquatting cases: India – IPTJournal
The cybersquattiing held that the domain name was held by the respondent in bad faith and hence he was responsible for cyber squatting. In the whole matter Indian Courts held that a domain name is very much entitled to the same protection as their trademark and observed the law of trademark that is applied to the virtual world as well.
Once the user types the incorrect address, they are lead to a substitute website by the cybersquatter. Click here to register your Interest.
The other famous Yahoo case, the U. The domain names make it possible for the consumer to identify and contact the company. Events from this Firm.
Cybersquatting and Domain Names
The cyber squatters quickly sell the domain names to other non-related entities, thereby enabling passing off and diluting of famous trademark or trade names. He even tweeted out from the account once before alerting officials that the handle was with him. Remedy of Passing off: Cybersquattung would likely cause confusion and deceive the public, ultimately diverting business traffic to the defendant. Hence, in this scenario, trademarks play an important role inda cyberspace and therefore, increasing the need for their protection.
Cyber squatting can be understood as the registration of a domain name that consists of a mark that is identical to or confusing similar to an existing trademark. The respondent was ordered to transfer the domain name to the complainant. This was the first cybersquatting case in India. Some of the problems that can be immediately identified are:. It is essential to register a domain name before one can use it. It was held in this case that domain names not only involves addresses but also the trademarks of the companies.
Deciding in favour of the plaintiff, the Court was of the opinion that the high importance and value attached to a domain name makes it a major corporate asset of any company. Strict laws are required in this field to punish squatters and avoid these crimes in future. Amal Augustine, a final year engineering student registered the domain name maxchanzuckerberg. The court held that even though cyberwquatting domain name was identical or confusing similar to a trademark in which the complainant had rights, the complainant failed to establish that the respondent had no rights or legitimate interest in respect of domain name or that the domain name was registered in bad faith.
Although, the effective and proactive involvement cbyersquatting WIPO has played a crucial role in solving disputes regarding domain names and in evolving concrete principles in this field. People who are using the domain name can therefore choose an easily remembered, and importantly, easily recognizable names in cyberspace.
The court confirmed that the domain names are not just internet address and it must be protected. However, it was held that the domain name was registered in bad faith as there was no evidence to suggest that the respondent intended to use the domain name for legitimate purposes.
As that particular domain name has already been registered by someone else, that particular domain name cannot be registered again in the name of the trademark owner. Lastly, providing an option of obtaining Statutory Damages to the plaintiff will act as an important tool for trademark holders in protecting their Intellectual Property online.
What is a Domain Name? Not So Fine, Snofinn!! As there is an absence of legal compensation under the IT Act, to prevent squatters from stealing domains further. Witness Protection Scheme in India. The whole content of the website Yahooindia. A single domain name can earn hundreds of dollars a day and many domain name holders have thousands and even millions of domain names.
At top level domains, it consists of two character abbreviations of the names of the country; for e. It relies on the fact that, people using the internet are bound to make typographical errors while entering domain names into the browsers.