Trademark Infringement In Cyberspace: Domain Name Disputes Under Indian Law
- IJLLR Journal
- 4 days ago
- 2 min read
Vinothini. V BA LLB, LLM, VELS University (VISTAS) Pallavaram, Chennai
Jaishree. K, BBA LLB (Hons), Crescent Institute of Science and Technology.
ABSTRACT
The exponential growth of the internet and digital commerce has transformed domain names into valuable commercial identifiers, often functioning as trademarks in cyberspace. This development has led to a surge in domain name disputes, particularly cases of cybersquatting, typo squatting, and unauthorized use of trademarks as domain names. In India, the absence of a specific statutory framework governing domain names has resulted in the application of trademark law principles and judicial interpretation to resolve such disputes. This research critically examines trademark infringement in cyberspace with specific reference to domain name disputes under Indian law. It analyses the legal nature of domain names, the applicability of the Trade Marks Act, 1999, and the role of judicial precedents in shaping the protection of trademark rights in the online environment. The study also evaluates the effectiveness of dispute resolution mechanisms such as the .IN Domain Name Dispute Resolution Policy (INDRP) and compares them with international frameworks like the Uniform Domain Name Dispute Resolution Policy (UDRP). By examining landmark Indian cases, this research highlights key challenges, including jurisdictional issues, enforcement difficulties, and the evolving standards of bad faith and likelihood of confusion in cyberspace. The legal and policy reforms to strengthen trademark protection in the digital domain while balancing legitimate commercial use and freedom of expression. It determining bad faith, likelihood of confusion, jurisdictional complexities, and enforcement limitations in the digital environment. It concludes by emphasizing the need for clearer legislative guidelines and harmonization with international best practices to ensure effective protection of trademark rights while maintaining fairness and accessibility in cyberspace.
Keywords: Trademark Infringement, Cyberspace, Domain Name Disputes, Cybersquatting, Trade Marks Act, 1999, INDRP, UDRP, Indian Law.
