The word Sify was first coined by the plaintiff using elements from its corporate name Satyam Infoway and had a very wide reputation and goodwill in the market.
In India, the Information Technology Act contains no provisions to punish cyber-squatters. Types are as follows: Cybersquatters aim at associating themselves with the well-known trademark in order to profit out of it.
It is the imperitive for the parliament to enact a law which would deal with this menace. These two judgments have played an important role in the drafting of the Anticybersquatting Consumer Protection Act.
This Dispute solving mechanism is one of its own kind, which is introduced for both evidence filing and document exchange purpose.
A victim of cybersquatting in the United States has two options: It has comprehensively extended the reach of technology and acquisition of data. They are used in the URL to identify web pages. The National Internet Exchange of India would then bring the case to fast track dispute resolution wherein decisions are transferred in 30 days.
Thus, Cybersquatting refers to the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit.
In the high-profile case of Yahoo Inc. Kovyrin et al, 3: 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.
Some common examples are: The court ruled in favour of plaintiffs in both cases.
India does not have a law for prohibition of cybersquatting. A lot of people like to acquire accounts and domain names of celebrities just to get some attention or money.
A domain name can be any combination of letters and numbers, and it can be used in combination of the various domain name extensions, such as. Another issue is jurisdiction, as mentioned above, Judge Gary A.
A Delhi-based businessman had filed a complaint against him for posting a fake tender. In cases which an individual or a company registers a domain name, and such domain name is identical or similar to a trademark of any other party and maliciously tries to sell the same for a profit.
Cybersquatting in India Companies in India have also faced the brunt of cybersquatting in the recent past. Domain names add value and are considered to be a corporate asset because of which they must be entitled to protection on the same footing as that of a trademark.
However, they are certain domain names, which are known as Top Level Domain TLD because of there exist only a limited number of suffixes with each one representing a top-level domain. Definition of Cybersquatting Cyber squatting is the most crucial type of domain dispute prevalent around the world.
The plaintiffs should have an option of obtaining statutory damages this will act as an important tool for the trademark holders in protecting their intellectual property in the online world.
The definition of Cybersquatting can be best summarised in Manish Vij v. The Dispute resolution can be used to exchange documents as well as evidence online with the exception of original documentary evidence, which must be filed physically.
Cybersquatting has opened the eyes of governments across the world and has prompted them to look into this phenomenon in a serious manner. Envisioning the present conditions existing around the world, cybersquatting is considered to be a menace with no frontiers.
Categories of CyberSquatting Cybersquatting is possible in many ways. In fact the year was quite a busy year for Microsoft since four other suits were filed in the earlier part of the year, all related to cybersquatting. As per the courts, the seat of the trial should be the place of the plaintiff, the defendant or the place of the service provider through which the name is registered.The problem of cybersquatting persists in India for the simple reason that there are no laws in India which address the problem.
India has largely relied on judicial precedent in order to resolve the issue. India does not have a law for prohibition of cybersquatting. In India cybersquatting cases are decided through the principle of Passing off. courts interpret the principle of Passing off with regard to domain names. It is an action to preserve the goodwill of the complainant and also to safeguard the ultimedescente.cominant.
Cybersquatting is the registration, use or sale of an illegal domain name. This domain name contains a trademark that the registrant/user does not have any rights to use. So he took a chance and changed his handle to PMO India.
He even tweeted out from the account once before alerting officials that the handle was with him. MORE: amitabh bachchan cybersquatting. The overview of cybersquatting & its effectual Position In India with the current legal framework have been highlighted out and formulated a three pronged approach which would go a long way in.
IJISC - International Journal of Information Security and Cybercrime Vol. 4, Issue 1/ A Survey of the Prominent Effects of Cybersquatting in India.Download