Selecting the correct domain name for your company is utmost critical for your business. The domain name needs to be eye-catchy and capable of distinguishing oneself from the competitors, like as in the case of Trademark Registration in India we keep a check on everything said for a domain. But what happens when the domain name that you want is registered by someone else already? One has the option of other suffixes like .biz or .net etc.
But is it legal to buy domain names from the already registered ones?
First thing which we need to know is the difference between trademark domain infringement or dilution. A dilution occurs only when your name is famous like that of Samsung, Sony etc.
We need to check the business or the company which has used our company’s domain
(A) whether used for commercial purposes
(b) for which product it is associated with. Infringement is concerned with customer confusion. The other company uses different products, it is unlikely to cause any confusion.
Malicious use of .IN domains will not be tolerated. The nature of such abuses creates security and stability issues for the registry, registrars, and registrants, as well as for users of the Internet in general.
- Spam: The use of electronic messaging systems to send unsolicited bulk messages. The term applies to email spam and similar abuses such as instant messaging spam, mobile messaging spam, and the spamming of Web sites and Internet forums.
- Phishing: The use of counterfeit Web pages that are designed to trick recipients into divulging sensitive personal data such as personally identifying information, usernames, passwords, or financial data.
- Pharming: The redirecting of unknowing users to fraudulent sites or services, typically through, but not limited to, DNS hijacking or poisoning.
- Willful distribution of malware: The dissemination of software designed to infiltrate or damage a computer system without the owner’s informed consent. Examples include, without limitation, computer viruses, computer contaminant, worms, keyloggers, and Trojans.
All reports of abuse should be sent to firstname.lastname@example.org
What is cybersquatting?
Cybersquatting is using or registering the domain name of other owner with the intent of profiting from the goodwill of someone’s Trademark Registered in India.
Steps to know whether your domain name is used by a cybersquatter:
- Press on the domain name, if it takes you to ‘this site under construction’ or ‘cant find server’ there is likelihood that your domain name is being infringed.
- Check weather they have a Trademark Registration in India or Abroad by the same name.
- Not always that is the case. But if you want to know who has registered the domain name, you can contact the company directly and know the reasons of using the same domain name.
A victim of cybersquatting has the option of suing under the Consumer Protection Act. The court proceedings can be tiring and time consuming. But under the growing instances of infringement, strict laws need to be formed.
If your domain name is used by another, one can:
- Visit the registry thatpublished i.e. the .IN Dispute Resolution Policy (INDRP). It has been formulated in line with internationally accepted guidelines, and with the relevant provisions of the Indian IT Act 2000. There are two documents that all parties in a dispute should read carefully:
The .IN Domain Name Dispute Resolution Policy (INDRP). This document explains what types of disputes can be brought, and the criteria that will be considered by the arbitrators.
For detailed discussion on how to protect your Domain name via Trademark Registration in India visit Company Vakil and consult their highly specialised Trademark Attorneys.