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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Rise in cloud computing security patents. Recent years have seen a steep rise in cybersquatting cases across India, whose e-commerce industry is continuously growing.
With close to insia users, India has emerged as being the country with the second highest number of internet users in the world. It comes as little surprise amid such figures that cybersquatting has been on the rise across the nation, and over the last decade or so, Indian courts have seen their fair share of cases dealing with such practices.
In the high-profile case of Dybersquatting Inc. It was further submitted that since the defendants had been using a disclaimer all along, there was no deception and hence no action of passing off could be taken against the defendants.
Laws against Cyber Squatting
The Court gave its decision in favour of the plaintiff and granted the injunction against the defendants. It was held that the service rendered by the plaintiff on the internet had become recognized and accepted globally. Another early judgment in relation to cybersquatting was delivered by the Bombay High Lndia in Rediff Communication Limited v.
Deciding in favour of the plaintiff, the Court was of the opinion that the high importance and value attached to a domain name makes it a major corporate asset of any company. It ihdia on to state that a domain name is much more than an internet address and as such, is entitled to protection equal to that afforded to a registered trademark.
Cyber Squatting and laws prohibiting Cyber squatting in India- iPleaders
Titan Industries Limited v. It was argued that consumers would likely believe that the defendant is an affiliate of the plaintiff.
This would likely cause confusion and deceive the public, ultimately diverting business traffic to the cyberequatting. 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. Another high-profile case involves the Tata Group, a multinational conglomerate.
Cybersquatting in India – Intepat IP
A complaint was brought to WIPO and the Administrative Panel found that the defendant registered the domain name in bad faith. It was held that the registration was made with the intention to create confusion with the product, services and trademark of the plaintiff.
The respondent was ordered to transfer the domain name to the complainant. However, it was held that the domain name was registered in bad faith as there was no evidence to suggest that the respondent intended to use the domain name for legitimate purposes.
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