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 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.
What Is Cybersquatting And It’s Position In India – iPleaders
As always, Indian legal system is silent on this matter too, the current or proposed Information Technology Act in India has no specific provisions for punishing cyber squatters, at best, the domain name can be taken back. A complaint was brought to WIPO and the Administrative Panel found that the defendant registered the domain name in bad faith. According to Section of the Trade mark Act, legal remedies for suits for infringing registered cybersquattlng or the passing of injunction, damages  or account of profits or delivery of goods or destruction of infringing goods.
Amal Augustine, a final year engineering student told TOI that he has been doing domain registrations of such sort for quite a while. The victim has two options:.
Legal Position of Cybersquatting in India
First step inia acquire a domain name is to contact the administrator of the TLD and if the identical requested domain name is not already assigned, the name will be then approved by the administrator. Unlike other countries that have recognized this menace, India has only relied upon the precedents of the courts. Remedy of passing off Remedy of Infringement: Cyybersquatting Versata Software Case.
Some entrepreneurial souls enlisted the names of understood organizations as area names, with the aim of offering the names back to the organizations when they at last woke up.
At top level domains, it consists of two character abbreviations of the names of the country; for e. Not So Fine, Snofinn!! In an Internet service, a particular Internet site could be reached by anyone anywhere in the world who proposes to visit the said Internet site.
Also, filing a case with the in registry is also another good option as the registry is controlled by National Internet Exchange of India Nixi and it puts the case to fast-track dispute resolution process from where within the 30 days of filing a complaint decision are transferred.
In this blogpostVernita Jain, Student, National Law Institute University, Bhopal writes about what is cybersquatting, categories of cybersquatting, legal scenario of cybersquatting and its position in India.
Cyber Squatting and laws prohibiting Cyber squatting in India- iPleaders
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. 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.
Role of Judiciary Though domain names are cybersquwtting defined under any Indian law or are covered under any special enactment, the Courts in India has applied Trade Marks Act, to such cases.
Lastly, providing cybersquatging option of obtaining Statutory Damages to the plaintiff will act as an important tool for trademark holders in protecting their Intellectual Property online. Further, cybersqatting the case of Tata Sons Ltd. It provides skilled panelists, thorough administrative procedures and complete credence.
Largely, the process will be conducted online and is designed to be completed in less than 45 days along with a setup or provision for parties to approach courts for resolving disputes between them or to contest the procedural outcome.
Thus, Cybersquatting refers to the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. In order to bring the case on a fast track form of resolution, a case could be filed with the registry handled by National Internet Exchange of India NiXI. The domain name is intended to be more meaningful to human beings than the series of numbers. As there is an absence of legal compensation under the IT Act, to prevent squatters from stealing domains further.
A trademark is protected by the laws of a country where such trademark may be registered. The cases so far, have showed that the conflicting issue in related to the use of the goodwill of a trademark by an infringer in the domain name to divert the customers or potential customers of the owner of the trademark to a website not associated with that trademark, or use of meta tags resulting in dilution of trademark or unauthorized registration of the trademark as domain name with the intent to extort money or to prevent the owner from using the trademark.
Image Source – http: As per the courts, the seat of the trial should be the place of the plaintiff, the defendant or the place of the service provider through which the name is registered. Publication policy Submit article.
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 business under a name which cynersquatting sufficiently close to the name under which the plaintiff is trading and that name has acquired a reputation the public at large is likely to be misled that the defendant’s business is the business of imdia 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 cybersquattlng where the plaintiffs do not in fact deal with the offending goods.
Rise in cloud computing security patents Glasses-free 3D TVs: In this case, the defendant had a domain name registered in the name of Tata. It was argued that consumers would likely believe that the ccybersquatting is an affiliate of the plaintiff. Types are as follows: Recent years have seen a steep rise in cybersquatting cases across India, whose e-commerce industry is continuously growing. Private defense under IPC.
The first case that came up before the Indian Courts was Yahoo!
What Is Cybersquatting And It’s Position In India
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. He had made a fake website of a sub-department of the Ministry of Skill Development and had conned many people.
Click here to register your Interest. In an English court judgment, it was ijdia 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.
Ivan Mehta Tech News Editor. There are two levels of domain, i. This article will provide an overview of the problem and factors infia with it along with the cases, types and legal scenario of cybersquatting in India and other countries.
Every domain name is unique. Envisioning the present conditions existing around the world, cybersquatting is considered to be a menace with no frontiers. Just complete this form…. 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.