Domain Name Piracy - A Threat to Trade Marks
Raghvendra Singh Raghuvanshi
Lawyer at MP High Court, Indore, India
IDEA: The Intellectual Property Law Review, Forthcoming
The information technology has transformed the world into a global village. The Internet has established an inseparable link between man and the business. The internet has also brought disadvantages along with its advantages, like cyber squatting, cyber piracy etc. as the concept of globalization, liberalization and privatization is finding its way in the minutest of the commercial activities in developed, developing, and least developed countries, the importance of trademark is growing multi-fold. One cannot deny the value, a businessman attaches to its trademark. People identify the product of a particular manufacturer through its trademark. With the Internet being used in a big way by the businessmen for not only advertising and promoting their products, but also for selling them, the principles of trademark, infringement of trademark and passing off are being applied even in the online environment. One of the primary areas is Domain Names, which has been legal protection equal to that of a trademark.
The domain name in the online world, just like the trade name in the offline world, serves to identify the goods/services provided by the company.
In this paper I have endeavored to discuss the intricacies rooted in the disputes between trademarks and domain names. I shall discuss the legal position of domain names in India at length. Further I shall also discuss various kinds of domain names with special reference to remedies available. Moreover the effect of use of somebody else's trademarks in Meta-tags is also discussed in brief and whether that constitutes trademark infringement or not. In last but not the least practical recommendations are set forth followed by conclusion.
Number of Pages in PDF File: 24
Keywords: domain names, law of internet, trademarks, raghvendra singh raghuvanshi
Date posted: October 6, 2006