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An Explorative Study on the Liability of Domain Name Registrars with reference to Trademark Infringement.

IP and Legal Filings

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. Indian Trademark Act, Section 29(4) (1999). 1125(c)(2)(B) (1996).

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Protecting Digital Identities: Trademarks, Domain Names, and the Menace of Cyber-Squatting

IP and Legal Filings

After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law. It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

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Effect Of Non-Use Of Trademark

IP and Legal Filings

Once the mark is registered under trademark act, the mark then gives the proprietor some rights to enjoy with the trademark repetitively and liabilities to maintain so that the proprietor doesn’t lose the ownership. TRA/159/2004/TM/DEL] [iii] K.R REFRENCES [i] M/S. Nichols (Vimto) Limited v. M/s Kellog Co., [TRA/159/2004/TM/DEL]