Radhika Vivek Bhusari, LLM, Symbiosis Law School, Symbiosis International (Deemed) University, Pune
Karan Ramchandra Rampure, LLM, Symbiosis Law School, Symbiosis International (Deemed) University, Pune
ABSTRACT
The development and growth of information technology have introduced humankind to the internet. The internet was first introduced as a network where countries could communicate at the time of catastrophe, and in no time, it became a medium of communication for other users. Since then, internet has emerged significantly and has become a common ground for conducting business and trade. Goodwill for any business is the intangible asset that signifies the good quality or feature of the product or service offered by it. The trademark helps a business or a trade to distinguish its product or services from other businesses of the same kind and signify its goodwill if any. In recent years, many businesses have been using social media and websites as a marketplace to reach their customers. The domain name on internet websites, being distinctive, plays an essential role in helping customers identify a particular business in cyberspace. Domain names of existing businesses can be purchased by any individual or business as the same works on a “first-come, first-serve basis”. When the domain names are registered with the mala fide intention to be sold to existing business and/or to conduct business in their name by misinterpretation, such practice is recognized as “Cybersquatting.” The present research paper deals with the concept, types and impacts of cybersquatting in the globalized world. It further enlightens how various countries are dealing with it within and beyond their boundaries and how the World Intellectual Property Organisation (WIPO) has been playing a major role in curbing the act of cybersquatting.
Keywords: Arbitration, Cybersquatting, Domain name, Passing off, Trademarks.
