Protecting Domain Names As Trademarks In India And Cybersquatting

Lakshmi Priya Jena, LLM, Gujarat National Law University

ABSTRACT

In recent years domain names have served as crucial identifiers of online presence and brand recognition in the digital space. However, the phenomenon of cybersquatting, wherein individuals register domain names corresponding to established trademarks with malicious intent, poses significant obstacles to trademark owners and the integrity of the online marketplace. This research aims to elucidate the complexities surrounding trademark protection in the Indian context and delve into the multifaceted issue of cybersquatting and discuss key challenges in protecting domain names as trademarks in India which include the complexity of trademark registration processes, inadequate legal frameworks to address cybersquatting effectively. However, despite the existence of an international framework to combat cybersquatting, it is insufficient to address the growing threat of cybersquatting, and jurisdictional challenges in enforcing trademark rights in the online sphere. Effective enforcement against cybersquatting requires robust legal mechanisms, proactive monitoring strategies, and international cooperation to address jurisdictional complexities. Moreover, promoting awareness among trademark owners about the risks of cybersquatting and implementing preventive measures can mitigate the impact of such infringements. Through a comprehensive analysis of relevant laws, case studies, and industry practices, this study examines the criteria and procedures for registering domain names as trademarks in India. It sheds light on the legal framework governing trademark protection and explores the nuances of cybersquatting, wherein malicious entities register domain names containing established trademarks with the intent of profiting from their goodwill. Furthermore, the research delves into the enforcement challenges faced by trademark owners in combating cybersquatting. Jurisdictional complexities and the evolving nature of online technologies exacerbate the difficulties in asserting trademark rights and reclaiming unlawfully appropriated domain names. By identifying these challenges and proposing strategies to address them, this research aims to contribute to the development of more robust and effective mechanisms for protecting domain names as trademarks in India.

Keywords: Domain Names, Cybersquatting, Trademarks, Legal Framework, Enforcement Challenges.