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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In cases which an individual or a company registers a domain name, and such domain name is identical or similar to a trademark of any other party and maliciously tries to sell the same for a profit. UDRP may cybersquattiing be referred to as a legally qualified specific contract term.
Did you find this blog post helpful? The first case that came up before the Indian Courts was Yahoo!
The qualification documents are ondia identified in the new Form 28 proposed under the draft Rules. Rule 4 b has listed, by way of illustration, the following four circumstances as evidence of registration and the use of a domain name in bad faith:.
Cybersquatting cases: India – IPTJournal
To illustrate, If someone types in www. 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 connection with domain names. Using a search engine will inconvenience the consumer, because he may possibly have to wade through thousands of other sites to get to the desired site.
There are two levels of domain, i. It is a cheap, fast and easy alternative to complex court procedures and long hours. Cyber squatting is constitutional only if the registration has been done in bad faith, that is, with the intention of selling the domain name at such a higher price to the owner of the trademark, or to create an impression of having some kind of affiliation with the owner of the trademark.
A domain name can be cybersqkatting combination of letters and numbers, and it can be used in combination of the various domain name extensions, such as. 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 cynersquatting Cybersquatting is possible in many ways.
A domain name generally comprises of the trademark of an organization or business a domain name has 2 essentials elementsfor say the top level domain TLD such as.
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. This Dispute solving mechanism is one of its own kind, which is introduced for both evidence filing and document exchange purpose.
The Versata Software Case. The court held as cyberxquatting names are valuable corporate assets, they are entitled to trademark equivalent protection. Specialist advice should be sought about your specific circumstances.
The Court was of the opinion that domain names hold an important position in e-commerce and held that the defendants were liable under passing off. The other fact that a cybersquatter relies on is that in the case when the holders of the trademark himself own the domain name he often forgets to re-register his domain names. Envisioning the present conditions existing around the world, cybersquatting is considered to be a menace with no xybersquatting.
5 Indian Cybersquatters Who Messed With Some Of The World’s Biggest Names
The cybersquattibg was ordered to transfer the domain name to the complainant. 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”. The High Court of Delhi passed an order restraining the jndia from using Yahoo as their trademark or domain name and using the same code that infringe their copyrights.
In India, the Information Technology Act contains no provisions to punish cyber-squatters.
Cybersquatting and Domain Names
A person may complain before the administration dispute resolution service providers listed by ICANN under Rule 4 a that: When the plaintiffs and defendants cybersquafting engaged in common or overlapping fields of activity, the competition would take place and there is grave and immense possibility for confusion and deception. On the other hand, since the internet allows for access without any geographical jndia, a domain name is indiq accessible irrespective of the geographical location of the consumers.
Login with your social accounts: Strict laws are required in this field to punish squatters and avoid these crimes in future. A person named Dennis Toeppen started it, he used various known trademarks to register domain names and eventually became unsuccessful cybersquattkng defending those when trademark owners sued him.
However, it is just a beginning and still, there is no effective system or laws to combat Cybersquatting. The court confirmed that the domain names are not just internet address and it must be protected. 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.
Enforceability of Non-Disclosure Agreements in India. What updates do you want to see in this article? 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.
In determining whether a person has bad faith intent described under subparagraph Acybetsquatting court may consider the factors such as, but not limited to.
Subscribe so that you never miss another post! The domain names make it possible for the consumer to identify and contact the company.