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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Hence, in this scenario, trademarks play an important role in cyberspace and therefore, increasing the need for their protection. 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.
Laws against Cyber Squatting
Like in other cases under Trademarks Act, two kind of reliefs are available: Further, in the case of Tata Sons Ltd. Cybersquatting form wherein the internet users make typographical errors while inputting a website address into the web browser.
Rule 4 b has listed, by way of illustration, the following four circumstances as evidence of registration and the use of a domain name in bad faith:. Do you own any of them? Cybersquatting is a primary concern specifically for the domains having financial transaction because of the cyber squatters taking benefit in robbing and fooling individuals by obtaining their Credit Card details.
A domain name is used for finding and identifying computers on the Internet. Private cybesrquatting under IPC. This act was introduced with the intention cybersquattung providing protection to the trademark owners of distinctive trademark names against cybersquatters.
Cybersquatting cases: India – IPTJournal
Cyberqsuatting of passing off Remedy of Infringement: On the international front, too, there have been a lot of incidents of cybersquatting. Finance Ministers Since Independence. The cyber squatters quickly sell the domain names to other non-related entities, thereby enabling passing off and diluting of famous trademark or trade names.
Ivan Mehta Tech News Editor.
However, the physical filing of the original documentary evidence is still required. Publication policy Submit article. It provides skilled panelists, thorough administrative procedures and complete credence.
Private defense under IPC. In the past, techies have squatted on domain names like salmankhan.
In determining whether a person has bad faith intent described under subparagraph Aa court may consider the factors such as, but not limited to. The first instance of cybersquatting in the United States arose in and is on the uninterrupted rise globally since then.
Lastly, providing an option of obtaining Statutory Damages to the plaintiff will act as an important tool for trademark holders in protecting their Intellectual Property online.
Cybersquatting in India – Intepat IP
Footnotes 1 Lawyers introduction to the internet, by Andrew Terrett, Masons also at http: It sued the plaintiffs for the indiaa infringement, while the plaintiff challenged the trademark of the defendants on the ground that the term juris was too generic, and therefore the trademark granted to it must be cancelled.
Domain names need to be renewed on a yearly basis and it is essential to do it swiftly in order to avoid it getting registered by cybersquatters. Did you find this blog post helpful? They serve to identify the source of goods and services, such as: Just complete this form…. We will call you within 2 working hours. A domain name refers to the name of a website and the address by using which Internet users can have access to a cybwrsquatting website.
The victim has two options:. It is apparent therefore that a domain name may have all cybersquattihg characteristics of a trademark and could found an action for passing off”. A complaint was brought to WIPO and the Administrative Panel found that the defendant registered the domain name in bad faith. Interested in the next Webinar on this Topic?