CYBERSQUATTING INDIA PDF

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.

Author: Faejar Yozshulrajas
Country: Guinea
Language: English (Spanish)
Genre: Music
Published (Last): 12 December 2013
Pages: 462
PDF File Size: 1.12 Mb
ePub File Size: 16.10 Mb
ISBN: 760-2-78347-635-7
Downloads: 34305
Price: Free* [*Free Regsitration Required]
Uploader: Faektilar

In another case Acqua Minerals Ltd v. Just complete this form…. With the increase of commercial activity on the Internet, a domain name is also used as a business identifier.

Another early judgment in relation to cybersquatting was delivered by the Bombay High Court in Rediff Communication Limited v. People who are using the domain name can therefore choose an easily remembered, and importantly, easily recognizable names in cyberspace. Have you ever trawled the internet to find out if account names were available for celebrities?

With close to million users, India has emerged as being the country with the second highest number of internet users in the world. The only thing that he has to do is sit back and let the money roll in when any of the Internet users click on those ads.

AIR Bom 27 cyberaquatting Therefore, the trademark owner is injured in three ways The other famous Yahoo case, the U. The Indian Patent space last week witnessed another important change. The court held that even though the domain name was identical or confusing similar to a trademark in which the complainant had rights, the complainant failed to establish that the respondent had no rights or legitimate interest in respect of domain name or that the domain name was registered in bad faith.

Not So Fine, Snofinn!! In such cases, the cybersquatters register that particular domain name in their name. Therefore, the domain name not only serves as an address for Internet communication but also identifies the specific Internet site.

Cybersquatting cases: India – IPTJournal

Amal Augustine, a final year engineering student registered the domain name maxchanzuckerberg. Simply put, cybersquatters or bad faith imitators register trade-marks, trade names, business names and so on, belonging to third parties idia the common motive of trading on the reputation and goodwill of such third parties by either confusing customers or potential customers, and at times, to indiia sell the domain name to the rightful owner at a profit.

  FINANCIAL ECONOMETRICS PEIJIE WANG PDF

It is an agency which is specialized to form a balanced system that is easily accessible. The qualification documents are also identified in the new Form 28 proposed under the draft Rules. Real Estate and Construction. The recommendations formulated in the Report have largely been implemented by the Internet Corporation for Assigned Names and Numbers ICANNand have resulted cybegsquatting the implementation of a successful administrative system for resolving domain name disputes involving trademarks, as well as a system of best practices for domain name registration authorities, designed to avoid such conflicts.

But the Internet has developed from a mere means of communication to a mode of carrying on commercial activity. Whatever strategy a victim may choose but he should not undermine the negative effects that cybersquatting can have if left unchecked.

In indiq high-profile case of Yahoo Inc. Later, on hearing about the cause, the search giants doubled his reward.

Rise in cloud computing security patents Glasses-free 3D TVs: The World Intellectual Property Organisation Arbitration and Mediation Centre have developed a system to provide an Internet system for administration of commercial disputes pertaining to Intellectual Property. The domain name is more indja a mere Internet address for it also identifies the Internet site to those who reach it.

File Your Copyright – Right Now! In order to bring the case on a fast track form of resolution, a case could be filed with the registry handled by National Internet Exchange of India NiXI. Types are as lndia No two websites can have the same domain name. Akash Arora, PTC Unlike other countries that have recognized cybersqjatting menace, India has only relied upon the precedents of the courts.

In this blogpostVernita Jain, Student, National Law Institute University, Bhopal writes about what is cybersquatting, categories of cybersquatting, legal scenario of cybersquatting and its position in India.

A person may complain before the administration dispute resolution service providers listed by ICANN under Rule 4 a that: The first case that came up before the Indian Courts was Yahoo! Image Source – http: 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. Robert Mizerek via Getty Cybersquayting. Login with your social accounts: There are two cybersqquatting of domain, i.

  AYMAN BADAWI ABSTRACT ALGEBRA PDF

The simple issue is if the individual owning the domain name resides within the jurisdiction of the court where the suit is filed, then the court can take cognizance of the offence and proceed against the individual concerned but if the individual is ccybersquatting somewhere else, it is not possible.

Cyber Squatting Laws In India – Intellectual Property – India

The traditional test of likelihood of confusion was first applied by the US courts in the case of Comp Examiner Agency v. Another issue is jurisdiction, as mentioned above, Judge Gary A. Akash Arora and Netlink Internet Services.

A domain name also identifies a web page as a source of origin or various services that are in same manner as the associated brand name. In India victims of cybersquatting have been provided with a number of ways to deal with it, such as:.

5 Indian Cybersquatters Who Messed With Some Of The World’s Biggest Names

A single domain name can earn hundreds of dollars a day and many domain name holders have thousands and even millions of domain names. Talk to a legal expert on phone and get the advice you need. Cybersquatting has increased drastically in the last decade and has devastating cybersquattign on the rights of Intellectual Property holders. The court confirmed that the domain names are not just internet address and it must be protected. It provides skilled panelists, thorough administrative procedures and complete credence.

India has also established its own registry by the name INRegistry under the authority of National Internet Exchange of India NIXIwherein the dispute related to the domain name are resolved under the.