In this blogpost , Vernita Jain, Student, National Law Institute University, Bhopal writes about what is cybersquatting, categories of cybersquatting, legal scenario of cybersquatting and its position in India. Domain names are the biggest trend in the internet world nowadays. Having a domain name is a general practice that a company undertakes so that their company can be easily identified due to their trademarks. There are a number of companies that a consumer wants to have a connection with, but such is not possible physically. The domain names make it possible for the consumer to identify and contact the company.
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Rise in cloud computing security patents. Glasses-free 3D TVs: A legal perspective. Jul 27 Recent years have seen a steep rise in cybersquatting cases across India, whose e-commerce industry is continuously growing. With close to million users, India has emerged as being the country with the second highest number of internet users in the world. It comes as little surprise amid such figures that cybersquatting has been on the rise across the nation, and over the last decade or so, Indian courts have seen their fair share of cases dealing with such practices.
In the high-profile case of Yahoo Inc. It was further submitted that since the defendants had been using a disclaimer all along, there was no deception and hence no action of passing off could be taken against the defendants. The Court gave its decision in favour of the plaintiff and granted the injunction against the defendants.
It was held that the service rendered by the plaintiff on the internet had become recognized and accepted globally. Another early judgment in relation to cybersquatting was delivered by the Bombay High Court in Rediff Communication Limited v.
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. 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.
Titan Industries Limited v. It was argued that consumers would likely believe that the defendant is an affiliate of the plaintiff. This would likely cause confusion and deceive the public, ultimately diverting business traffic to the defendant. Similarly, in Dr. 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. Another high-profile case involves the Tata Group, a multinational conglomerate.
A complaint was brought to WIPO and the Administrative Panel found that the defendant registered the domain name in bad faith. It was held that the registration was made with the intention to create confusion with the product, services and trademark of the plaintiff.
The respondent was ordered to transfer the domain name to the complainant. 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. Made with by Graphene Themes. Toggle search form. Toggle navigation IPTJournal. Latest publications.
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What Is Cybersquatting And It’s Position In India
Have you ever trawled the internet to find out if account names were available for celebrities? Do you own any of them? Congratulations, you are a cybersquatter. A lot of people like to acquire accounts and domain names of celebrities just to get some attention or money. Let's take a look at some cases where Indians squatted shamelessly on the web, rather than by the roadside.
5 Indian Cybersquatters Who Messed With Some Of The World's Biggest Names
Rise in cloud computing security patents. Glasses-free 3D TVs: A legal perspective. Jul 27 Recent years have seen a steep rise in cybersquatting cases across India, whose e-commerce industry is continuously growing. With close to million users, India has emerged as being the country with the second highest number of internet users in the world.