BEWARE OF FAKE INSTITUTES WITH SIMILAR NAMES. blank    blank
banner

Understanding Cybersquatting



  Oct 30, 2024

CYBERSQUATTING AND LEGAL REMEDIES IN INDIA


CYBERSQUATTING AND LEGAL REMEDIES IN INDIA

1. What is cybersquatting?
Cybersquatting is the practice of registering domain names similar to established businesses with the intent to sell them at a premium. Often considered a form of extortion, cybersquatters rely on businesses’ willingness to pay to prevent confusion among customers and safeguard their goodwill. However, if a similar domain is registered without malicious intent, it may not be considered cybersquatting.

2. What is the legal position on cybersquatting in India?
India does not have specific laws against cybersquatting. However, courts have ruled in favor of trademark owners under the Trade Marks Act, 1999. For instance, in Yahoo! Inc. vs Akash Arora, the Delhi High Court ruled against the unauthorized use of a trademarked name. Internationally, the Uniform Domain Name Dispute Resolution Policy (UDRP) by ICANN offers a non-judicial path for trademark owners to reclaim domain names.

3. What is the UDRP, and how does it help?
The UDRP is a dispute resolution policy managed by ICANN that allows trademark owners to recover domain names without going to court. It applies to generic top-level domains (like .com, .net) and some country-specific domains. To succeed, complainants must show that the domain is identical or confusingly similar to their trademark, the respondent has no legitimate interest in it, and it was registered in bad faith.

4. Have Indian companies successfully used the UDRP?
Yes, Indian companies have successfully challenged cybersquatting through the UDRP. For example, in 2017, Reliance Industries won a case against a Mumbai resident for the domain jiodhandhanadhan.com. The WIPO Arbitration and Mediation Centre ruled in favor of Reliance, supporting their right to protect the “JIO” trademark.

5. What steps can businesses take to protect against cybersquatting?
Businesses can register similar domains in advance, monitor domain registrations, and take swift action if cybersquatting occurs. Consulting legal experts or using policies like UDRP can help companies prevent unauthorized use of their trademarks.


Share:
 

Get a call back

Fill the below form to get free counselling for UPSC Civil Services exam preparation

 
UPSC DAILY CURRENT AFFAIRS

 
U-WIN UNIVERSAL IMMUNISATION PROGRAMME: EXPLAINER
 
ARJUN GOPAL VS UNION OF INDIA 2018 & FIRECRACKER BAN
 
GLOBAL TAX REFORMS FOR THE DIGITAL ECONOMY
 
Medical Negligence:Neeraj Sud and Another vs Jaswinder Singh (Minor) and Another 2024
 
SOUTH INDIA:POPULATION DYNAMICS,CONCERNS AND POLICY IMPLICATIONS
 
PM SURYA GHAR: STOCKTAKE
 
Digital Fraud: Explainer
 
MAHARASHTRA’S KAJWA MAHOTSAV, FIREFLIES FESTIVAL: CULTURAL SIGNIFICANCE AND NATURAL WONDER
 
FPO-FARMER PRODUCER ORGANISATIONS PROMOTION SCHEME: EXPLAINER
 
CENSUS IN INDIA:2025
 
Digital Arrest” and Its Implications in Digital Fraud Prevention
 
Pashtun Tahafuz Movement (PTM) Ban in Pakistan: FAQs
 
APIs (Application Programming Interfaces): Explained
 
Ocean Currents: All You Need To Know
 
SPACE SITUATIONAL AWARENESS AND ISRO