Published February 10, 2024 | Version v1
Journal article Open

THE GROWING MENACE OF CYBERSQUATTING IN INDIA AND PROTECTION OF DOMAIN NAME DISPUTES

  • 1. ROR icon Amity University
  • 2. Student, LL.M, Amity Law School, Amity University, Noida, U.P.
  • 3. Assistant Professor, Amity Law School, Amity University, Noida, U.P.

Description

ABSTRACT

The practice of “Cybersquatting,” which involves registering Domain Names with the intention of making money off the goodwill associated with another person’s trademark, is still very difficult in India. This abstract explores the current trends in cybersquatting, their negative effects on businesses, and the legal defenses put in place to deal with this threat. The suitability of these measures and their conformity to global best practices are also examined. The judicial process in India's legal system has been crucial in determining how Domain Names are protected as trademarks. In the age of digital globalization, protecting Domain Names as trademarks in India has become a complex legal and regulatory challenge. With a focus on the roles played by the Internet Corporation for Assigned Names and Numbers (ICANN), the ongoing issue of cybersquatting, and the changing judicial endeavors within the Indian legal system, this abstract offers a succinct overview of the critical analysis of this complex issue. The protection of Domain Names as trademarks in India is significantly influenced by ICANN, the International Organization in charge of regulating the domain name system. This study looks at how ICANN's policies and procedures affect Domain Name registration, management, and dispute resolution, as well as how these international standards interact with India's domestic trademark laws. This Paper examines significant legal decisions and developments that have helped to clarify the duties and rights of trademark owners, Domain Name owners, and the public. It highlights the changing legal landscape of Domain Name disputes and its implications.

Keywords- Domain Name, Trademark, ICANN, Cybersquatting etc. 

 

 

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