Tule Recent years have seen a steep rise in cybersquatting cases across India, whose e-commerce industry is continuously growing. With the increase of commercial activity on the Internet, a domain name is also used as a business identifier. They serve to identify the source of goods and services, such as: The court held that the domain name were held by the respondent in bad faith and hence he was responsible for cyber squatting. Login with your social accounts: What updates do you want to see in this article? There are a number of companies that a consumer wants to have a connection with, but such cybersquattng not possible physically.
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Cybersquatters aim at associating themselves with the well-known trademark in order to profit out of it. Simply put, a domain name is used in order to identify IP addresses which maybe one in number or may extend to multiple. They are used in the URL to identify web pages. Eg; Microsoft. However, they are certain domain names, which are known as Top Level Domain TLD because of there exist only a limited number of suffixes with each one representing a top-level domain.
Some familiar examples of these are; com- commercial businesses, gov-Government agencies, edu-educational institutes and org-organizations. However, because of the absence of any proper laws or structure in place, the position in India has been developed through case laws. The first Indian case on this matter was the case of Yahoo Inc. Akash Arora it was held that the use of the domain name Yahoo India was deceptively similar to Yahoo Inc.
It was held that the names and the services that they offer were similar and that Yahoo Inc. The case of Tata Sons vs. Manu Kosuri also relied on the Yahoo case observing that an average internet user cannot possibly distinguish between domain names of the parties and hence a strict view must be taken when it comes to copying since the harm that is done may be far greater.
Domain names add value and are considered to be a corporate asset because of which they must be entitled to protection on the same footing as that of a trademark. Similarly, in the case of Dr. Manu Kosuri it was held that domain names hold an important position in e-commerce. The U. To sue as per the provisions of the ACPA or 2. This system is an online one for the sole purpose of administering commercial disputes. The Dispute resolution can be used to exchange documents as well as evidence online with the exception of original documentary evidence, which must be filed physically.
A victim in India may also choose to bring forth arbitration proceedings under the above-mentioned rules.
A case can duly be filed with. The National Internet Exchange of India would then bring the case to fast track dispute resolution wherein decisions are transferred in 30 days. Click here for Trademark Public Search.
Cybersquatting Laws in India
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