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July 13, 2016 Registrationwala

Be Careful about your Domain Name

Trademark

Be Careful about your Domain Name

Every business needs to have some address through which your prospecting customer can approach you. Since current era is digitally advanced, therefore, the presence of a business is not restricted to physical place only; company has a presence over online world as well. In this online platform, there is a medium so that the customer can reach to you. Like a physical place, online business has domain name or we can say website name through which customer visit your online portal. Few famous domain names or website are Flipkart, Amazon, Paytm and many more, which needs no introduction because they are so famous that daily lakh of customers visits their website and shop conveniently.

But, as we all know managing business even online is not an easy. Theft of domain name is one of the issues. Person with oblique motive tries to register identical or existing domain name or name which are similar to some trademark. This is technically known as Cybersquatting.

The low price of domain names also encourages cybersquatters to register the well-known domain name to make illegitimate profits.

Modus operandi behind the cybersquatting is that cybersquatters sell the registered name to the company who owns the registered trademark or applying for trademark registration. Domain name and Trademark are two different concepts. Domain names are once registered then the same domain name canít be registered by another name.

But the main problem domain names are that domain names are not protected under Trademark Laws. Even the Information Technology Act doesnít mention specifically about cybersquatting. In this manner, cybersquatters infringe the exclusive rights of the trademark owner to use its mark freely.

In case of dispute, you can resort to court litigation where you can get the justice. The Court while deciding the case relating to cyber squatting apply the trademark laws.

Basically the aggrieved person can get following two types of relief:

  1. Remedy in case of Infringement.
  2. Remedy of passing off.

Conclusion:

Strict laws are required to stop the cybersquatting and which deals this issue to avoid the crimes in future.

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