It is essential to register a domain name before one can use it. It is an agency which is specialized to form a balanced system that is easily accessible. The courts in India have decided many cases related to cybersquatting. Domain Names and Cybersquatting Cybersquatting is a menace which has no boundaries and is similar to terrorism writes Ashwin Madhavan Introduction The internet has brought a revolution which can be equalled with the industrial revolution of the 19th century.
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.
Congratulations, you are a cybersquatter. The domain names make it possible for the consumer to identify and contact the company. On the international front, too, there have been a lot of incidents of cybersquatting. 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.
Strict laws are required in this field to punish squatters and avoid these crimes in future. Conclusion Cybersquatting is a virus for which there is an urgent need of developing or finding an effective Anti-dote in form of efficient laws Cybersquatting in india this virus Cybersquatting in india turn into a plague encouraging the cybersquatters to prey on vulnerable Domain Name Holders.
The victim has two options: As that particular domain name has already been registered by someone else, that particular domain name cannot be registered again in the name of the trademark owner.
In this case it was Panavision which had filed a case against Toeppen. Cybersquatting has opened the eyes of governments across the world and has prompted them to look into this phenomenon in a serious manner. The first Indian case on this matter was the case of Yahoo Inc. Domain names and trademarks are connected with each other.
A domain name can be any combination of letters and numbers, and it can be used in combination of the various domain name extensions, such as. Trademarks and domain names are interrelated. It was enacted to specifically target trademark infringements in cyberspace. So he took a chance and changed his handle to PMO India.
Kovyrin et al, 3: As, I have already mentioned that the internet has become an important tool in business transactions and moreover has facilitated in becoming the genesis of many business model patents.
The Court gave its decision in favour of the plaintiff and granted the injunction against the defendants. These two cases also give an insight as to how vulnerable Domain names are and how trademark holders need to be careful from these modern day cyber extortionists cybersquatters.
Sending cease-and-desist letters to the cybersquatter. Find us on Facebook. Once the user types the incorrect address, they are lead to a substitute website by the cybersquatter. He can be reached at madhavan. As there are no special laws or statutes to prevent cybersquatting in India, the principle of passing off is primarily applied.
Domain Active Pty Limited which was incorporated in Australia had registered a domain name www. He is a member of the editorial board of his university law journal. The jurisdiction is always the matter of problem in the case of courts. Cybersquatting has been a serious issue in the United States over the years.
A National Arbitration Forum. In India, victims are provided with various option to combat Cybersquatting. In such cases, the cybersquatters register that particular domain name in their name. They are used in the URL to identify web pages.
Tweet on Twitter 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.
The frustration that customers face with this problem may convince customers to use alternative, non-Internet means to get the desired products.
A domain name holder can earn hundreds of rupees in a day. 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.Netflix Denies Report Saying That It Has Agreed To Censor Content In India.
there have been a lot of incidents of cybersquatting. The highest deal so far was for willeyshandmadecandy.com for $ Jan 11, · In this article, Hemant Bhadana discusses the legal Position of Cybersquatting in India. Introduction. In this Article, we will discuss the concept of Domain Name, Cybersquatting and it’s legal position in India and at International level.
Cybersquatting in India: In India, several options are available for the victims to fight cybersquatting. Following are the options: Cease-and-desist letters can be sent to the cybersquatter - Under ICANN's rules bring an arbitration proceeding - passing a lawsuit in federal or state courts.
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.
Cybersquatting is a Big Business in India. Indiaforensic Research Foundation have came out with the research report on Domain Squatting in Banking Industry (Country Code Top Level Domain Names).
The report provides thousands of insights the problem of cybersquatting in India and some interesting facts about the banking industry in India. Poverty in India million people around the world are living in hunger, million people are malnourished, about million children die each year from malnutrition and one-third of the world’s poverty is just in India.Download