1) The document discusses methods of resolving cybersquatting disputes in India, including policies from international bodies like ICANN and WIPO, as well as national bodies and judicial precedents.
2) It outlines ICANN's Uniform Domain Name Dispute Resolution Policy and WIPO's domain name dispute resolution services. In India, disputes can be resolved through the .IN Dispute Resolution Policy or trademark infringement lawsuits.
3) Key court cases that helped define cybersquatting in India are discussed, such as Rediff Communication v. Cyberbooth and Aroon Purie v. Kautilya Krishan Pandey. The conclusion is that India needs specific cyberlaws to better deal with cybers
Trademarks in Cyberspace: Domain name disputes, cybersquatting and internet i...garypierson
This is a presentation recently presented to the Bar Association of Metropolitan St. Louis regarding domain names and other trademark related internet topics. It covers the basic system for registering domain names, domain name dispute resolution and domain name portfolio management. It also touches on other current intellectual property topics such as keyword advertising, social media and the coming new top level domains.
Cybersquatting in India - Genesis & Legal ScenarioNishi Shabana
A domain name is a unique name that identifies a website. Squatting is the act of registering a popular Internet address--usually a company name--with the intent of selling it to its rightful owner at an inflated price or put the domain names up for auction.....
Domain names and cybersquatting as deadly threats to trade marks in nigeria (2)Joseph Onele
Although the process for registering domain names is a separate one from trademark registration, many countries have reached the conclusion that there is a strong need to take precautionary measures to prevent conflicts between trademarks and use of domain names. Nigeria has, with the recent passing of the Cybercrimes (Prohibition, Prevention, Etc) Act 2015 joined the moving train in adapting its trademarks protection framework to the exigent demands of participating in the network of computers on the World Wide Web. This paper examines the concept of trademark infringement, cybersquatting and the use of domain names, as well as considers the appropriateness of an action for trademark infringement or passing off in the event of a dispute arising from use of domain names.
Trademarks in Cyberspace: Domain name disputes, cybersquatting and internet i...garypierson
This is a presentation recently presented to the Bar Association of Metropolitan St. Louis regarding domain names and other trademark related internet topics. It covers the basic system for registering domain names, domain name dispute resolution and domain name portfolio management. It also touches on other current intellectual property topics such as keyword advertising, social media and the coming new top level domains.
Cybersquatting in India - Genesis & Legal ScenarioNishi Shabana
A domain name is a unique name that identifies a website. Squatting is the act of registering a popular Internet address--usually a company name--with the intent of selling it to its rightful owner at an inflated price or put the domain names up for auction.....
Domain names and cybersquatting as deadly threats to trade marks in nigeria (2)Joseph Onele
Although the process for registering domain names is a separate one from trademark registration, many countries have reached the conclusion that there is a strong need to take precautionary measures to prevent conflicts between trademarks and use of domain names. Nigeria has, with the recent passing of the Cybercrimes (Prohibition, Prevention, Etc) Act 2015 joined the moving train in adapting its trademarks protection framework to the exigent demands of participating in the network of computers on the World Wide Web. This paper examines the concept of trademark infringement, cybersquatting and the use of domain names, as well as considers the appropriateness of an action for trademark infringement or passing off in the event of a dispute arising from use of domain names.
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.
The Wild, Wild Web, Social Media Law TXCHANGE with Jeff SchultzThe Net Impact
Is a re-pin violating copyright? Who owns the content I post on Facebook? Are clients on my LinkedIn profile still a "trade secret"?
For modern organizations, social media is a key component of any internet marketing strategy. However, revolutionary technologies like Facebook, Twitter, and Pinterest have completely changed traditional ideas of intellectual property, employment obligations, and personal privacy. To keep up with the ever-changing online landscape, social media law is constantly evolving. A new legal frontier that is truly uncharted.
Watch this presentation from Jeff Schultz, Partner and Chair of the Social Media Practice Group at Armstrong Teasdale LLP.
The basis of business on the internet is your domain name. Buying, selling, defending, procuring and maximizing domain names is key aspect of any affiliate marketer.
Experience level: Intermediate
Target audience: Affiliates/Publishers
Niche/vertical: Domains
Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law) (Moderator)
Sara Freixa, Brand Protection Manager, Americas, Melbourne IT DBS Inc
Peter Marinello, Director, Electronic Retailing Self-Regulation Program
Domain Name Dispute is a well known Argument because there are a lot of companies/corporate that are having a Domain Name Dispute. I strongly believe that Cyberspace is not to much secure because any-buddy can buy any-name similar to a highly successful firm on cyberspace but it doesn't allow anyone to use others trademark and its a dispute for them not for any Ethical firm or corporate.
Hope i am able to share some knowledge. Regards AS
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.
The Wild, Wild Web, Social Media Law TXCHANGE with Jeff SchultzThe Net Impact
Is a re-pin violating copyright? Who owns the content I post on Facebook? Are clients on my LinkedIn profile still a "trade secret"?
For modern organizations, social media is a key component of any internet marketing strategy. However, revolutionary technologies like Facebook, Twitter, and Pinterest have completely changed traditional ideas of intellectual property, employment obligations, and personal privacy. To keep up with the ever-changing online landscape, social media law is constantly evolving. A new legal frontier that is truly uncharted.
Watch this presentation from Jeff Schultz, Partner and Chair of the Social Media Practice Group at Armstrong Teasdale LLP.
The basis of business on the internet is your domain name. Buying, selling, defending, procuring and maximizing domain names is key aspect of any affiliate marketer.
Experience level: Intermediate
Target audience: Affiliates/Publishers
Niche/vertical: Domains
Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law) (Moderator)
Sara Freixa, Brand Protection Manager, Americas, Melbourne IT DBS Inc
Peter Marinello, Director, Electronic Retailing Self-Regulation Program
Domain Name Dispute is a well known Argument because there are a lot of companies/corporate that are having a Domain Name Dispute. I strongly believe that Cyberspace is not to much secure because any-buddy can buy any-name similar to a highly successful firm on cyberspace but it doesn't allow anyone to use others trademark and its a dispute for them not for any Ethical firm or corporate.
Hope i am able to share some knowledge. Regards AS
8 Important Tips In Mind From A Recent Cybersquatting Case in Vietnam.pdfKENFOX IP & Law Office
OSRAM GmbH (“the plaintiff”) is a worldwide lighting manufacturer with headquarters in Munich, Germany. The plaintiff is the proprietor of a Vietnam-protected series of OSRAM trademarks for lighting apparatus, particularly electric lamps and luminaires; parts of the aforementioned items; light-emitting diode lamp modules.
The plaintiff discovered that the disputed domain names <osram.com.vn> and osram.vn> (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T. ("the defendant") and resolved to the defendant's active websites. The websites under the Disputed Domain Names promoted and offered for sale the plaintiff's "OSRAM"-branded products.
The plaintiff detected that two ccTLD <osram.com.vn> and <osram.vn> (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T (“the defendant”) and were resolved to the defendant’s active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff’s products bearing the “OSRAM” mark.
In support of infringement allegation, the plaintiff filed a request to the Vietnam Intellectual Property Research Institute (“VIPRI”) for obtaining the assessment conclusion on trademark infringement who was then issued in favour of the plaintiff. The plaintiff also proceeded with documenting the evidence of infringement under a Bailiff office.
ICANN RPMs: Evolution, Revolution, or Better the Devil you know?Gareth Dickson
Presentation by Gareth Dickson to Nominet's DRS Experts' Meeting on 2 February 2016, on ICANN's online rights protection mechanisms (RPMs) and other intellectual property remedies
DNS Business Development Workshop Course Overview This course is designed to provide a basic understanding of the Domain Name System (DNS) industry and business drivers to enable entrepreneurs to understand potential business opportunities in this industry. The course will focus on practical issues where appropriate, with case studies and listings of available resources and vendors in the industry. Ample time will be included for networking opportunities and identifying available resources for on-going assistance after the conclusion of the course. The course will occur over a 5 day period, with an early end on the last day to accommodate travel schedules
Indian Intellectual Property Cases Report, 2021.pdfBananaIP Counsels
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
4. 1. ICANN dispute resolution policy
• A trademark is protected by the laws of a country where such trademark has
been registered. Moreover, a trademark may have a multiple registrations in
many countries throughout the world. Since the internet allows us for the access
without any geographical limitation, a domain name is accessible irrespective of
the geographical location of the consumers. This will be beneficial for the
universal connectivity which will grant domain name worldwide exclusivity and
also many times the national laws might be inadequate to effectively protect a
domain name. The international regulation was effected through WIPO and
ICANN. India is one of the 171 states of the world which is a member of WIPO.
Services provided by WIPO to its member states include the provision of a forum
for the development and implementation of intellectual property policies
internationally through treaties and other policy instruments.1
• The foundation of the ICANN (Internet Corporation for Assigned Names and
Numbers) in 1998 as a worldwide internet administration and the introduction
of UDRP (Uniform Domain Name Dispute Resolution Policy) in 1999 for effective
and cost saving international domain name disputes. This has been one of the
most remarkable events in the past, particularly for solving international legal
problems originating through the nature of the borderless internet on the one
hand and intellectual property rights of some users on the other.
5. 2. Uniform Domain Name Dispute Resolution Policy
• ICANN has adopted the Uniform Domain Name Dispute
Resolution Policy (UDNDRP or UDRP), the policy for
resolution of domain name disputes. This policy provides
for arbitration of the dispute instead of litigation in respect
of domain name disputes. As per this policy, any person
(complainant) can bring an action on the grounds that:
• A domain name is identical or confusingly similar to a
trademark or service mark in respect of which the
complainant has rights.
• The domain name owner has no rights or legitimate
interests in the domain name.
• The domain name has been registered and is used in bad
faith.
• But the complaint is required to prove all these elements if
he wants his action to succeed. If the abusive registration is
proved, the domain name registration is cancelled or
transferred to the complainant but there are no financial
remedies provided to him.
6. 3. WIPO Arbitration and Mediation Center Decisions
on Domain Names
• World Intellectual Property Organization is the
principal domain name dispute resolution service
provider under the UDRP and is accredited by
ICANN. WIPO provided qualified panelist,
thorough and expeditious administrative
procedures, and overall impartiality and
credibility. A domain name case filed with WIPO
is normally concluded within two months, using
on-line procedures, and a minimal fee is charged.
Only extra-ordinary cases are heard in person.2
8. • In India, no legislation explicitly describes
cybersquatting or other domain name
disputes. The Information Technology Act,
2000 (IT Act), which addresses many
cybercrimes, oddly ignores the problem of
domain name disputes and cybersquatting.
However, domain names may be considered
trademarks based on use and brand
reputation. In the absence of appropriate law
that deals with cybersquatting, victims can
initiate an action for passing off and
infringement of trademarks under the Trade
Marks Act, 1999.
9. 1. ".IN"Dispute Resolution Policy
• In response to these issues the .IN Dispute Resolution
Policy (.INDRP) was formulated by the .IN Registry for the
domain name dispute resolution in India. The .INDRP claims
to be in line with internationally accepted guidelines and
relevant provisions of the Indian Information Technology
Act 2000. Under the National Internet Exchange of India
(NIXI), the .IN Registry functions as an autonomous body
with primary responsibility for maintaining the .IN ccTLD
and ensuring its operational stability, reliability, and
security.
• Proceedings at the .INDRP can be initiated by any person
who considers that the registered domain name conflicts
with his legitimate rights or interests on the premise that:
• The registrant's domain name is identical or confusingly
similar to a name, trademark or service mark in which he
has rights; or
• the registrant has no rights or legitimate interests in
respect of the domain name;
10. • the registrant's domain name has been registered or is being used
in bad faith. The registrant is required to submit to a mandatory
arbitration proceeding if a complaint is filed. The .IN Registry
appoints an arbitrator to proceedings in accordance with the
Arbitration & Conciliation Act 1996. The arbitrator usually considers
the domain name registered and used in bad faith in circumstances
when:
• the registrant has acquired the domain name primarily for the
purpose of selling, renting, or otherwise transferring the
registration to the owner of the trademark or service mark, or to a
competitor of the complainant, for valuable consideration in excess
of the registrant's documented out-of-pocket costs directly related
to the domain name; or
• the registrant has registered the domain name in order to prevent
the owner of the trademark or service mark from reflecting the
mark in a corresponding domain name, provided that the registrant
has engaged in a pattern of such conduct; or
• the registrant has intentionally attempted to attract Internet users
to his website or other online location, by creating a likelihood of
confusion with the complainant's name or mark as to the source,
sponsorship, affiliation, or endorsement of the registrant's website
or of a product or service on the registrant's website.3
11. Starbucks corporation v. Mohanraj
• In the case of Starbucks corporation v. Mohanraj (Decided on
26th Nov, 2009) the respondent's domain
name www.starbucks.co.in was confusingly similar to the
complainant's domain name www.starbuscks.in., it was contended
that the domain name of the respondent is identical and
confusingly similar to the complainant's domain name. it was also
contended that the respondent has no legitimate interest in the
domain name. Further it was contended that the mark was used by
the respondent in bad faith.4 The learned arbitrator held that the
disputed domain name was confusing, similar and identical to the
complainant and that they had right in the trademark. The
respondent had registered the domain name in bad faith and so the
domain name should be transferred to the complainant
12. Morgan Stanley v. Bharat Jain
• In the case of Morgan Stanley v. Bharat
Jain (Decided on 28th October 2010) the disputed
domain name www.morganstanleybank.co.in was
registered by the respondent on June 20, 2010.
The complainant contended that the addition of
ccTDL ".co.in." was insufficient to render the
disputed domain name dissimilar to the
complainant's mark MORGAN STANLEY. Hence
the disputed domain name was confusingly
similar to the above stated mark.5
13. GOOGLE Inc. v. Gulshan Khatri
• In the case of GOOGLE Inc. v. Gulshan Khatri (Decided on
6th May, 2011). The complainant filed the instant complaint
challenging the registration of the domain name in favor of
the respondent the grievance of the complainant was
regarding the latter's act of adopting identical and identical
domain name and that also in respect of similar services of
the respondent.
• The learned arbitrator held that the impugned domain
name was identical and confusingly to the other prior
registered domain name and registered trademark of the
complainant and directed the registry to cancel the said
domain name forthwith and transfer the said domain name
in favor of the complainant.6
• In 2018, October 10 the .INDRP has retrain the respondent
from using the domain name and transfer the domain
name in favor of the complainant.7
14. 2. Judicial Precedence
• There has been lot of instances of cybersquatting in the
past few years in India. The courts always deal with matters
related to domain name dispute and cybersquatting.
• In India one of the earliest judgments on cybersquatting
was from the Bombay High Court in case of Rediff
Communication v. Cyberbooth8.
• In this case the court was of the opinion that the value and
importance of a domain name is like a corporate asset of a
company. In this case the defendant had registered the
domain name radiff.com which was similar to rediff.com.
• The Court was of the opinion that internet domain names
are of importance and can be a valuable corporate asset
and such domain name is more than an Internet address
and is entitled to protection equal to a trade mark.9 The
court gave the decision in favor of the plaintiff.
15. • The Delhi HC very recently in 2018 the court has restrained
a cyber-squatter from using or selling or commercially
exploiting the domain name and further said that India
Today Group chairman Aroon Purie has prima facie the
right over the domain name aroonpurie.com. In an interim
order, the court has restrained a cyber-squatter from using
or selling or commercially exploiting the domain name.10
• The domain name aroonpurie.com was registered and
appropriated by one Kautilya Krishan Pandey. He had also
used a picture of Mr Aroon Purie on the home page of the
said domain name and put it up for sale. Pandey also made
an offer to sell the domain aronpurie.com to Aroon Purie at
a premium rate, which was contested, after which he
assured the India Today Group about transferring the
domain back to Mr Purie, but did not do so. Dr Puneet Jain,
appearing for Mr Purie, sought permanent injunction
against defendants for cybersquatting and misuse of
domain name aroonpurie.com.11
16. CONCLUSION
• In India, due to the absence of relevant cyber laws,
cases are decided within the ambit of trademark laws
by interpreting the principle of Passing off with regard
to domain names in the court and by the .IN dispute
resolution policy in India. On account of the problems
Indian jurisdiction faced and the various jurisdictions
looked into there is an urgent need to draft a new
legislation in India which would expressly deal with
cybersquatting and domain name disputes.
• Footnotes
• [1] Satyam Infoway v. Sifynet Solutions, AIR 2004 SC 3540.
• [2]http://www.wipo.int/amc/en/center/faq/domains.html#7, accessed on October 18, 2018.
• [3] Rana Lucy, Shrivastava Rishu ; " Balancing the odds: An evaluation of the .IN domain name dispute resolution polivy"; World
Intellectual Policy Review November/December 2011
• [4] http://www.ssrana.in/Intellectual%20Property/Domain%20Names/Domain-Name-Case-Law-in-India.aspx
• [5] Ibid.
• [6] http://www.ssrana.in/Intellectual%20Property/Domain%20Names/Domain-Name-Case-Law-in-India.aspx
• [7] INDRP/1028.
• [8] AIR 2000 Bom 27.
• [9] Ibid.
• [10]https://www.indiatoday.in/india/story/delhi-hc-says-aroon-purie-has-right-over-domain-name-aroonpurie-com-removes-squatter-
warns-seller-1263363-2018-06-18 (last visited on Jan 30, 2019)
• [11] Ibid.