Cybersquatting – A Menace in Digital India

Domain names are the most important assets in today’s digital era. All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. But what does that have to do with cybersquatting?

Cybersquatting 

Suppose an individual or a company registers a domain name. The mentioned name is similar or identical to that of another company. If the concerned individual or company tries to sell it with the malicious intent of earning profit, we term it as “cybersquatting”. 

The judiciary defined the term “cybersquatting” in the case Manish Vij vs. Indra Chug. 

Actions taken by authorities to curb such Crimes

UDRP ( Uniform Domain Name Dispute Resolution Policy )

ICANN (  Internet Corporation for Assigned Names and Numbers) adopted it to deal with cybersquatting cases. The domain registration agreement incorporates the policy. It establishes the terms and circumstances in the event of a dispute. The disputes should deal with the registration of a domain name. It also lays down the  use of an Internet domain name between the registrant and any party other than them. The policy contains criteria for resolving cybersquatting. When registering a domain name, the registrant agrees to submit to procedures initiated under the policy. 

INDRP

INDRP stands for .in Dispute Resolution Policy. NIXI (National Internet Exchange of India) operates the .in domain. The INDRP and the Rules of Procedure manage web domains. It also manages cybersquatting complaints involving.in domains. Anybody who believes a listed domain name infringes on his or her legitimate interests or rights may lodge a complaint with the .in Registry. It can be done under the following grounds:

-the Registrant’s domain name is identical to or similar to a name, trademark, or service mark in which the Complainant has ownership; 

-the Registrant has no entitlement or legitimate interests in the web domain; and 

-the Registrant’s domain name was registered or is being used in fraudulent misrepresentation.

Popular Cases

1. Yahoo vs Yahoo?

It is the first case of cybersquatting to be registered in India. Petitioner was the rightful owner of the domain name “yahoo.com” in this dispute. He secured an interim injunction. It prohibited the defendants from using the name “yahooindia.com”. They could not use any other trademark that is alike the plaintiff’s brand.

2. Tata vs. Manu Kosuri 

The defendant registered many domain names that included the famous trademark “TATA.”

In its decision, the Court stated that internet domain names are more than just addresses; they are corporate assets that are exceedingly essential and valuable, and as such, they are entitled to the same level of protection as registered trademarks.

Stringent regulations are needed in this area to penalize squatters and stop potential crimes. Service mark and trademark holders must be granted civil recourse. This helps to safeguard them against individuals who obtain domain names with mala fide purposes. Plaintiffs should be able to seek statutory damages. This will be a useful weapon for trademark owners in defending their intellectual property in the digital era.