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Hello everyone! Have you guys come across the word ‘cybersquatting’? It is the practice of registering an Internet domain name that is likely to be wanted by another person, business, or organization in the hope that it can be sold to them for a profit.
It involves the registration of trademarks and trade names as domain names by third parties, who do not possess rights in such names. The motive behind the adoption shall be trading on the reputation and goodwill of such third parties by either confusing customers
or potential customers, or to sell the domain name to the rightful owner at a profit.
Yahoo! Inc. v. Akash Arora is the first case in India that was reported in India regarding cybersquatting. In this case, the plaintiff was a registered owner of
Yahoo! Inc. v. Akash Arora is the first case in India that was reported in India regarding cybersquatting. In this case, the plaintiff was a registered owner of
the domain name “ http://yahoo.com ”. He obtained an interim order restraining the defendants from dealing with the name “ http://yahooindia.com ” or any other trademark similar to the trademark of the plaintiff.
Remedies can be sought in this regard either through the Trademark law by claiming Infringement/passing off or through the INDRP/UDRP mechanisms. INDRP can be used with respect to .in domains and UDRP can be used with respect to domain names located outside India.
