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This document discusses domain name disputes and the Uniform Domain Resolution Policy (UDRP). It defines what a domain name is and notes that they have become business identifiers and trademarks. It explains that disputes often arise from cybersquatting, where third parties register trademarks as domain names preemptively. The UDRP allows complainants to file cases with resolution service providers, specifying the domain name in question, respondent, registrar, and grounds for complaint. Panelists make decisions based on whether the domain is identical to a trademark, if the respondent has rights to the name, and if it was registered and used in bad faith. It provides examples of disputes in India over domain names like Rediff.in, Orkut.
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Cybersquattingand its remedies
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Tata Sons Ltd filed a complaint against MakeMyTrip.com over the domain name "oktatabyebye.com". Tata claimed the domain name violated its trademarks as "Tata" is a well-known brand. MakeMyTrip argued "Tata" was used colloquially to mean goodbye and the site was a travel community. The WIPO ruled in favor of Tata and ordered the transfer of the domain name. However, MakeMyTrip could still pursue legal action to prevent the transfer within 10 days. Overall, the case analyzed the dispute over trademark infringement in domain names.
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DOMAIN NAME AND CYBER SQUATTING
Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.
The term is derived from "squatting", which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent, or otherwise have permission to use.
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This presentation discusses the nuts and bolts of filing complaints as well as the elements required to file a UDRP action. In addition, the presentation provides an overview of the UDRP process and practical tips on how to handle the UDRP and URS processes.
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Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.
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Domain names map website addresses to IP numbers, allowing users to access websites with easy-to-remember names like www.google.com rather than long strings of numbers. Disputes can arise when multiple parties claim rights to the same domain name. Types of disputes include infringement when a name resembles a trademark to profit off its reputation, concurrent claims when multiple legitimate users want the same name, and cybersquatting when names are registered solely to sell them to trademark holders. Courts examine factors like trademark strength and likelihood of confusion to resolve disputes. Famous cases include McDonald's reclaiming mcdonalds.com from an author and Microsoft disputing microsoft.com registrations.
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Domain names are important for businesses to be found online and resolving disputes is important to reduce confusion; ICANN manages the domain name system and disputes can be resolved through negotiation, UDRP filing, or courts. The UDRP process provides a mandatory, global mechanism for resolving disputes over identical or confusingly similar domain names registered and used in bad faith.
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This document discusses domain names and domain name disputes. It begins by explaining what domain names are and how they help users navigate the internet. It then describes the different levels of domain names and the organization ICANN that manages domain names. The rest of the document discusses how domain names can be used as addresses or trademarks, the different types of domain name disputes, and potential remedies for disputes.
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1) A trademark is a distinctive sign that identifies certain goods or services. Online, trademarks can be extended to domain names to identify business websites. Acquiring a deceptive domain name similar to another's trademark would be an infringement.
2) Cyber squatting, where domain names are obtained without connection to their trademarks solely to profit from resale, is a menace. Typosquatting, registering common misspellings of trademarks, is another issue.
3) Search engines and meta tags embedded with trademarks not related to the actual webpage content also raise infringement problems if they divert users away from the genuine trademark owner's site.
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This document discusses trademark issues related to domain names in the digital era. It begins by explaining how domain names have become important business identifiers online and discusses some of the structure and purpose of domain name systems. It then explains how disputes can arise over domain name ownership between trademark holders operating in different regions. The document outlines the domain name assignment procedure and some available legal remedies for disputes, including the Uniform Domain Name Dispute Resolution Policy (UDRP) established by ICANN. It provides details on the UDRP process and notes that India has its own dispute resolution policy for .IN domain names as well. In conclusion, it states that domain name dispute resolution has proven an effective alternative to litigation for resolving conflicts.
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This is a slideshow about domain names. It includes a brief history about how domain names were established. This was used with 4th and 5th graders.
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Internet domain names have a hierarchical tree structure, with top-level domains like .com and country-level domains like .uk further divided into subordinate domains. The Domain Name System (DNS) converts these domain names into IP addresses through a recursive lookup process involving root servers, top-level domain servers, and authoritative name servers. DNS is crucial for routing Internet traffic by translating between hostnames that are easy for people to remember and the IP addresses computers use to connect.
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The document discusses how the internet, domain names, and the world wide web work. It explains that web pages are stored on web servers connected to the internet. These servers are identified by unique IP addresses but are easier for humans to access using domain names. The Domain Name System (DNS) converts domain names into the corresponding IP addresses so browsers can locate the correct server. Traffic to a website comes from people directly typing the URL, links from search engines, referrals from other sites, and other online marketing activities.
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The document provides an introduction to the internet and how it works. It explains that the internet is a worldwide network that connects computers together, allowing them to share information like files, pictures, videos and text. It describes how the World Wide Web (WWW) provides a graphical interface to access information on the internet using web browsers. Websites contain webpages that can be accessed via a web browser using a Uniform Resource Locator (URL). Popular uses of the internet include email, search engines, online newspapers/media, blogs, videos, and geographic/mapping tools. The document also gives an overview of how to create basic websites using HTML, CSS and JavaScript.
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Nike sued Adidas for patent infringement over Adidas' use of cushioning technology in its shoes that was similar to Nike's patented Shox technology. Nike had invested heavily in developing Shox and held 19 patents protecting it. Despite these patents, Adidas manufactured and sold shoes using a refashioned version of the Shox technology, called the a3 cushioning system. The court found that Adidas had infringed on Nike's patents by using its patented cushioning technology without permission.
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Internet_domain_name
- 2. What is a domain name? is the address of a web site that is intended to be easily identifiable and easy to remember, such as goolge.com, or nift.ac.in domain names have become business identifiers and, increasingly, even trademarks themselves, such as amazon.com. By using existing trademarks for domain names - sony.com, for example - businesses attract potential customers to their websites.
- 3. What is the nature of the disputes? Cybersquatting - pre-emptive registration of trademarks by third parties as domain names.
- 4. Why so many disputes? No agreement within the Internet community that would allow organizations that register domain names to pre-screen the filing of potentially problematic names. The increasing business value of domain names on the Internet has led to more cybersquatting
- 5. How does the UDRP work? UDRP (Uniform Domain Resolution Policy) The UDRP permits complainants to file a case with a resolution service provider, specifying: the domain name in question, the respondent or holder of the domain name, the registrar with whom the domain name was registered, the grounds for the complaint.
- 6. What factors guide the panelists' decisions? Whether the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights. Whether the respondent has any rights or legitimate interests in the domain name Whether the domain name was registered and is being used in bad faith
- 7. Case Studies from Indian domain (.in dispute resolution policy (INDRP) Rediff.in Orkut.in Internet.in Computer.in
- 8. Reference Documents IP & Websites Domain name Case studies Orkut.in Rediff.in Computer.in Internet.in Interview with Mr. Pravin Anand