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.
|Published (Last):||7 August 2010|
|PDF File Size:||7.24 Mb|
|ePub File Size:||1.5 Mb|
|Price:||Free* [*Free Regsitration Required]|
The degree of the similarity of the marks usually is vitally important and significant in an action for passing off as in ondia a case, there is every possibility and likelihood of confusion and deception being caused.
WIPO  proposes cyberequatting ICANN  establish a mechanism to give owners of famous or well-known trademarks exclusive use of their marks in some or all-generic top-level domains throughout a large geographic area.
In the case of courts, jurisdiction has always been a major issue. Instead of simply typing an obvious domain name for a corporation, customers are forced to use a search engine, which may cause additional incia or delay when accessing the desired site.
So he took a chance and changed his handle to PMO India. The court held that the domain name were held by the respondent in bad faith xybersquatting hence he was responsible for cyber squatting.
Role of the Judiciary In India, currently, there is no legislation or provision relating to disputes with regard to domain names or cybersquatting therefore, the Trademarks Act plays an influential role in decisions of the court. The main problem lies in the fact that two owners cannot have the same domain name. Subscribe so that you never miss another post!
Cybersquatting cases: India – IPTJournal
The outcome of this potential for universal connectivity is not only that a vybersquatting name would require worldwide exclusivity but also that national laws might be inadequate to effectively protect a domain name “. The court held that even though the 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 cybresquatting rights or legitimate interest in respect of domain name or that the domain name was registered in bad faith.
What updates do you want to see in this article?
Thus, this increases the customers search costs and makes it more likely that the customer will become frustrated with the trademark owner, regardless of the quality of her products or services. The only thing that he has to do is sit back and let the money roll in when any of the Internet users click on those ads. With the increase of commercial activity on the Internet, a domain name is also used as a business identifier. In case, if a mark is registered the common law remedy of passing off is available to the owner but in case in which his mark is registered, he also possess the statutory right to file the action for infringement under Trademarks Act Talk to a legal expert on phone and get the advice you need.
Interested in the next Webinar on this Topic? It is apparent therefore that a domain name may have all the characteristics of a trademark and could found an action for passing off” In Dr Reddy’s Laboratories Limited Vs Manu Kosuri and Anr 58 DRJ Hon’ble High Court of Delhi Court held that “It is a settled legal position that when a defendant does indiia under a name which is cybersqatting close to the name under which the plaintiff is trading and that name has acquired a reputation the public ondia large is likely to be misled that the defendant’s business is the business of the plaintiff or is a branch or department of the plaintiff, the defendant is liable for an action in passing off and it is always not necessary that there must be in existence goods of the plaintiff with which the defendant seeks to confuse his own domain name passing off may occur in cases where the plaintiffs do not in fact deal with the offending goods.
In an English court judgment, it was held that whether the domain was registered by another person or which is deceptively similar to the famous trademark, the unfair competition may be assumed whereas in these cases deliberately the marks were registered and the motive lacked legitimate purpose that amounts to unfair registration. The content of this article is intended to provide a general guide to the subject matter. Enforceability of Non-Disclosure Agreements in India.
The cyber squatter then offers ctbersquatting offer the space to the individual or organization that possesses a trademark contained inside the name at an expanded cost. Cyber squatting- The most common domain name dispute relate to the crime of cyber squatting.
5 Indian Cybersquatters Who Messed With Some Of The World’s Biggest Names
A domain name provides a corresponding alphanumeric address which is easier to remember and often intuitive. There are a number of companies that a consumer wants to have a connection with, but such is not possible physically. Another issue is jurisdiction, as mentioned above, Judge Gary A.
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 ctbersquatting of trademark that is applied to the virtual world as well. The domain names make it possible for the consumer to identify and contact the company.
Although, the effective and proactive involvement of WIPO has played a crucial role in solving disputes regarding domain names and in evolving concrete principles in this field. Various ultramodern ways have been created to curb potentially lucrative addresses which in turn resulted in creating a cobweb for trademark owners affecting them economically when they plan to deliver their products directly to consumers using the internet.
On the international front, too, there have been a lot of incidents of cybersquatting. It is a cheap, fast and easy alternative to complex court procedures and long hours.
A domain name holder earns money by the way of Pay-Per-Click advertising on a website i. It involves the registration of trademarks and trade names as domain names by third parties, who cybersqustting not possess rights in such names. Registration of domain names lead to the disputes which usually allege the infringement of trademarks. A domain name refers to the name of a website and the address by using which Internet users can have access to a particular website.
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. The plaintiffs should have an option of obtaining statutory damages this will act as an important tool for the trademark holders in protecting their intellectual property in the online world.
AIR Bom 27 There is a specific registration process involved. A victim of cybersquatting in the United States has two options: Further, in the case of Tata Sons Ltd. However, in the case of Satayam Infoway v. Home General Laws against Cyber Squatting.
Domain names need to be renewed on a yearly basis and cybersquattibg is essential to do it swiftly in order to avoid it getting registered by cybersquatters. Made with by Graphene Themes. Though domain names are not defined under any Indian law or are covered under any special enactment, the Courts in India has applied Trade Marks Act, to such cases.