TRADEMARK ISSUES IN CYBERSPACE BY:- HIMANSHU ARORA 36/08
SOME IMPORTANTS ASPECTS 1. DOMAIN NAMESDomain names are used to identify one or more IP address. Forexample, the domain same microsoft.com represents about adozen IP addresses. Domain names are used in URLs to identifyparticular webpages. For example, in the URLhttp://www.jaimatadi.com, the domain name is jaimatadi.com.Every domain name has a suffix that indicates which Top LevelDomain (TLD) it belongs to. There are only a limited number ofsuch domains. For example:· gov - Government agencies · edu - Educational institutions· org - Organizations (nonprofit) · mil - Military· com - commercial business · net - Network organizations
2. PARTS OF A DOMAIN NAME THIRD SECOND TOP LEVEL HOST LEVEL LEVEL DOMAIN(PREFIX) DOMAIN DOMAIN (SUFFIX) www.dilwalajerry.uils.co.in Second Level Sub-Domain
3. DOMAIN REGISTRATIONDomain registration refers to the process of registering a DOMAINNAME, which identifies one or more IP address with a name thatis easier to remember and use in URLs to identify particular WebPages. DOMAIN NAME REGISTRANT – The person in whose name the Domain Name is registered. DOMAIN NAME REGISTRAR – The authority which has power to register Domain Names such as ICANN or National CcTLD accredited company (NIXI in India).
4.UNIFORM RESOURCE LOCATOR (URL)It is the global address of documents and other resources on the World Wide Web. PROTOCOL RESOURCE IDENTIFIER NAME http://angrezibeat.te.com.index/html
5. IP ADDRESSAn IP address is an identifier for a computer or deviceon a TCP (transmission control protocol)/IP network. FORMAT 0 - 250Format of an IP address is a 32-bit numeric address writtenas 4 numbers separated by periods. E.g. 188.8.131.52 MY IP ADDRESS? Press Start> All Programs > Accessories > Command Prompt. Type ipconfig and hit enter or go to GOOGLE.
TRADEMARK ISSUES WHAT IS TM?A trademark is a distinctive sign which identifies certain goods orservices as those produced or provided by a specific person orenterprise. E.g. PEPSI, GARNIER, LUX, AXE. RIGHTS OF TM OWNER 1. Exclusive right to use. 2. To obtain relief in respect of infringement of TM. . 3. Power to assign TM for consideration..
#1. CYBERSQUATTINGCybersquatting is the use of a domainname to make a profit off a trademarkbelonging to someone else or registering a domain name ofa famous company or a celebrity and then selling it at ainflated price. Vs. Vs. Vs. RUSSELL BOYDJEFF BURGER JOHN ZUCCARINI
SOME INDIAN CASESYahoo Inc. vs. Akash Arora - 1st case - wherein the plaintiff, whois the registered owner of the domain name “yahoo.com” succeededin obtaining an interim order restraining the defendants and agentsfrom dealing in service or goods on the Internet or otherwise underthe domain name “yahooindia.com” or any other trademark/domainname which is deceptively similar to the plaintiff’s trademark.Sbicards.com vs Domain Active Property Ltd - Sbicards.comwas ordered by the WIPO to be transferred to the Indian Companyfrom an Australian entity, which hijacked the domain name hopingto later sell it for a hefty sum to the State Bank of India subsidiary.The panel accepted SBI Card counsel’s argument that the Australiancompany was in the business of buying and selling domain namethrough its website.
#2. TYPOSQUATTINGWhen a cyber squatter registers domainnames containing variant of populartrademarks. Typo squatters rely on thefact that Internet users will make typographical errorswhen entering domain names into their web browsers. SOME EXAMPLES1. FACEBOOK.COM ------ FACEBOK.COM2. BSNL.CO.IN ------ BSNL.COM3. BEEMP3.COM ------ BEEMP4.COM4. SONY.COM ------ SONI.COM
SOME INDIAN CASESREDIFF’s CASE - Daniyal Waseem of Pakistan was using the domainname ‘rediffpk.com’. To this, the NASDAQ-listed Indian firm hadcontended that the disputed Internet site was identical in part andconfusingly similar as a whole to the ‘Rediff’ trademark, for which ithas rights. Finding that Waseem had no rights to the REDIFF mark theWIPO Panel concluded the proceeding by transferring Rediff.com.pkto the Indian REDIFF trademark owner Rediff.com India Ltd.Tata Sons Ltd Vs. Ramadasoft - The Panel concluded that theRespondent owned domain names are confusingly similar to theComplainant’s trademark TATA, and the Respondent has no rights orlegitimate interests in respect of the domain names. These factsentitle the Complainant to an order transferring the domain namesfrom the Respondent.
# 3. L I N K I N G HYPERTEXT REFERENCE LINK IMAGE LINKINGHypertext reference link Image links bring an imageinstantly transports the user to contained in a separate file ontoanother location. The link may the page being viewed. Thelead simply to a particular separate file may be an imagepoint within the same web site, file stored on the same server asor allow the user to leap from the link or an image file storedone site to a completely on a separate, unrelated site,different, unrelated site which is known as "linking in”.provided by a different source. For eg. A travel agency or a hotelThis form of linking, called website."linking out”.
#4. META-TAGGINGMeta tagging is a technique whereby a word (e.g VIRAT KOHLI) isinserted in the keywords field (visible/invisible) of the site in orderto increase the chances of a search engine returning the site,although the site may have nothing to do with the inserted word. #5. RENEWAL SNATCHINGUsually, domain registration is for a fixed period and if the ownerdoes not re-register the domain name prior to expiration, then thedomain name can be purchased by anybody. Cyber squatters willsnatch up a domain name as it becomes available. This process isoften referred to as “renewal snatching”
REMEDIES AVAILABLE In UNITED STATES1. Sue under the provisions of the Anti cyber squatting ConsumerProtection Act (1999).2. Use an international arbitration system created by the ICANN. In INDIA 1. Bringing an arbitration proceeding under ICANN’s rules, 2. Bringing a lawsuit in state or federal court, 3. A case could be filed with the .in registry handled by National Internet Exchange of India(NiXI) - 30days- fast track. 4. Use WIPO Mediation and Arbitration Center’s online dispute resolution mechanism. – 45 days. NOTE- Our legal system is silent as to the punishment to be given.
Uniform Domain-Name Dispute-Resolution PolicyUnder the policy, trademark-based domain-name disputes must beresolved by agreement, court action, or arbitration before a registrarwill cancel, suspend, or transfer a domain name.To invoke the policy, a trademark owner should either:-(a) file a complaint in a court of proper jurisdiction against the domain-name holder or(b) in cases of abusive registration, submit a complaint to an approved dispute-resolution service provider.
IMPORTANT TO KNOW ABOUT UDRP - http://www.icann.org/en/help/dndr/udrp LIST OF ICANN ACCREDITED REGISTRARS –http://www.icann.org/registrar-reports/accredited-list.html http://www.facebook.com/icannorg?fref=ts https://twitter.com/i/#!/search/?q=icann&src=typd http://www.youtube.com/watch?v=CHHABJ8rQ0s