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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Cybersquatting is a virus for which there is an urgent need of developing or finding an effective Anti-dote in form of efficient laws otherwise this virus can turn into a plague encouraging the cybersquatters to prey on vulnerable Domain Name Holders. The World Intellectual Property Organisation Arbitration and Mediation Centre have developed a system to provide an Internet system for administration of commercial disputes pertaining to Intellectual Property.
5 Indian Cybersquatters Who Messed With Some Of The World’s Biggest Names
What updates do you want to see in this article? Patents Amendment Rules, It went on to state that a domain name is much more than an internet address and as such, is entitled to protection equal to that afforded to a registered trademark.
What are the laws against Cyber Squatting?
cyberssuatting Therefore, the trademark owner is injured in three ways The domain name is more than a mere Internet address for it also identifies the Internet site to those who reach it. A person may complain before the administration dispute resolution service providers listed by ICANN under Rule 4 a that: But although the operation of the Trade Marks Act, itself is not extra territorial cybersquwtting may not allow for adequate protection of domain names, this does not mean that domain names are not to be legally protected to the extent possible under the laws relating to passing off “.
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. 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 name will be then approved by the administrator.
In such a mechanism the arbitration takes place online. 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 no rights or legitimate interest in respect of domain name or that the domain name was registered in bad faith.
Events from this Firm. Later, on hearing about the cause, the search giants doubled his reward. Unlike other countries that have recognized this menace, India has only relied upon the precedents of the courts.
In another case Acqua Minerals Ltd v. 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. The whole content of the website Yahooindia. 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.
A National Arbitration Forum. The Indian Patent space last week witnessed another important change. Specialist advice should be sought about your specific circumstances. Simply put, cybersquatters or bad faith imitators register trade-marks, trade names, business names and so on, belonging to third parties with the common motive of trading on the reputation and goodwill of such third parties by either confusing customers or potential customers, and at times, to even sell the domain name to the rightful owner at a profit.
A domain name is used for finding and identifying computers on the Internet. A victim of cybersquatting in the United States has two options: 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.
This lead to the reserving of many well known trade names, brand names, company names, etc. However, in the case of Satayam Infoway v.
Laws against Cyber Squatting
On the contrary, even celebrities like Rockstar Bruce Springsteen and Actor Kevin Spacey failed to gain control cybersquagting their domain names on the internet. Such users could well conclude that the first domain name owner had mis-represented its goods or services through its promotional cyersquatting and the first domain owner would thereby lose their customer. Cyber squatting- The most common domain name dispute relate to the crime of cyber squatting.
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Cyber Squatting Laws In India – Intellectual Property – India
UDRP may also be referred to as a legally qualified specific contract term. Trademarks and domain names are interrelated. There are two levels of domain, i.
Bad faith intent described shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful. Login with your social accounts: How you can make this new year special. Home General Laws against Cyber Squatting.
Fashion Law In India. Do you have a Question or Comment? This was the first cybersquatting case in India.
In the past, techies have squatted on domain names like salmankhan. A domain name refers to the name of a website and the address indka using which Internet users can have access to a particular website. 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 ijdia name can be taken back.
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. Private defense under IPC.