Context;
Recently, a Delhi based developer registered the domain, ‘JioHotstar,’ which ignited a debate on cybersquatting.
Relevance:
GS III: Science and Technology
Cybersquatting
- Cybersquatting involves the registration or use of domain names with the intent to profit from the trademark belonging to someone else, typically a known brand or individual’s name.
- Often viewed as a form of extortion, cybersquatting can also be seen as a tactic to siphon business from competitors or disrupt their operations.
Types of Cybersquatting
- Typosquatting: This involves purchasing domain names that contain common typographical errors of well-known brands (e.g., “yajoo.com” instead of “yahoo.com”) to capture traffic from users who mistype URLs.
- Identity Theft: Cybersquatters may duplicate the website of a legitimate brand to deceive consumers by creating a convincing but fraudulent site.
- Name Jacking: This form targets celebrities or public figures by impersonating them online through fake websites or social media profiles.
- Reverse Cybersquatting: Here, individuals falsely claim ownership of a trademark and accuse the actual domain owner of cybersquatting, effectively reversing the roles.
Legal Landscape in India
- India lacks specific legislation that directly addresses cybersquatting.
- Under the Trademark Act of 1999, domain names are treated as trademarks. Therefore, unauthorized use of domain names that are identical or confusingly similar to registered trademarks constitutes trademark infringement, actionable under Section 29 of the Act.
-Source: Indian Express
