This document discusses various trademark issues that can arise on the internet. It covers topics like domain name registration, the different parts of a domain name, cybersquatting, typosquatting, linking, meta-tagging, and renewal snatching. Remedies for trademark infringement in cyberspace include actions under the Anti-Cybersquatting Consumer Protection Act in the US or dispute resolution policies set by ICANN internationally.

1. TRADEMARK ISSUES
IN
CYBERSPACE
BY:-
HIMANSHU ARORA
36/08

2. SOME IMPORTANTS ASPECTS
1. DOMAIN NAMES
Domain names are used to identify one or more IP address. For
example, the domain same microsoft.com represents about a
dozen IP addresses. Domain names are used in URLs to identify
particular webpages. For example, in the URL
http://www.jaimatadi.com, the domain name is jaimatadi.com.
Every domain name has a suffix that indicates which Top Level
Domain (TLD) it belongs to. There are only a limited number of
such domains. For example:
· gov - Government agencies · edu - Educational institutions
· org - Organizations (nonprofit) · mil - Military
· com - commercial business · net - Network organizations

3. 2. PARTS OF A DOMAIN NAME
THIRD SECOND TOP LEVEL
HOST
LEVEL LEVEL DOMAIN
(PREFIX) DOMAIN DOMAIN (SUFFIX)
www.dilwalajerry.uils.co.in
Second Level Sub-Domain

4. 3. DOMAIN REGISTRATION
Domain registration refers to the process of registering a DOMAIN
NAME, which identifies one or more IP address with a name that
is easier to remember and use in URLs to identify particular Web
Pages.
DOMAIN NAME REGISTRANT – The person in whose name the
Domain Name is registered.
DOMAIN NAME REGISTRAR – The authority which has power to
register Domain Names such as ICANN or National CcTLD
accredited company (NIXI in India).

5. 4.UNIFORM RESOURCE LOCATOR (URL)
It is the global address of documents and other
resources on the World Wide Web.
PROTOCOL RESOURCE
IDENTIFIER NAME
http://angrezibeat.te.com.index/html

6. 5. IP ADDRESS
An IP address is an identifier for a computer or device
on a TCP (transmission control protocol)/IP network.
FORMAT 0 - 250
Format of an IP address is a 32-bit numeric address written
as 4 numbers separated by periods. E.g. 1.160.10.240
MY IP ADDRESS?
Press Start> All Programs > Accessories > Command
Prompt. Type ipconfig and hit enter or go to GOOGLE.

7. TRADEMARK ISSUES
WHAT IS TM?
A trademark is a distinctive sign which identifies certain goods or
services as those produced or provided by a specific person or
enterprise. E.g. PEPSI, GARNIER, LUX, AXE.
RIGHTS OF TM OWNER
1. Exclusive right to use.
2. To obtain relief in respect of infringement of TM. .
3. Power to assign TM for consideration..

8. #1. CYBERSQUATTING
Cybersquatting is the use of a domain
name to make a profit off a trademark
belonging to someone else or registering a domain name of
a famous company or a celebrity and then selling it at a
inflated price.
Vs.
Vs. Vs.
RUSSELL BOYD
JEFF BURGER JOHN ZUCCARINI

9. SOME INDIAN CASES
Yahoo Inc. vs. Akash Arora - 1st case - wherein the plaintiff, who
is the registered owner of the domain name “yahoo.com” succeeded
in obtaining an interim order restraining the defendants and agents
from dealing in service or goods on the Internet or otherwise under
the domain name “yahooindia.com” or any other trademark/domain
name which is deceptively similar to the plaintiff’s trademark.
Sbicards.com vs Domain Active Property Ltd - Sbicards.com
was ordered by the WIPO to be transferred to the Indian Company
from an Australian entity, which hijacked the domain name hoping
to later sell it for a hefty sum to the State Bank of India subsidiary.
The panel accepted SBI Card counsel’s argument that the Australian
company was in the business of buying and selling domain name
through its website.

10. #2. TYPOSQUATTING
When a cyber squatter registers domain
names containing variant of popular
trademarks. Typo squatters rely on the
fact that Internet users will make typographical errors
when entering domain names into their web browsers.
SOME EXAMPLES
1. FACEBOOK.COM ------ FACEBOK.COM
2. BSNL.CO.IN ------ BSNL.COM
3. BEEMP3.COM ------ BEEMP4.COM
4. SONY.COM ------ SONI.COM

11. SOME INDIAN CASES
REDIFF’s CASE - Daniyal Waseem of Pakistan was using the domain
name ‘rediffpk.com’. To this, the NASDAQ-listed Indian firm had
contended that the disputed Internet site was identical in part and
confusingly similar as a whole to the ‘Rediff’ trademark, for which it
has rights. Finding that Waseem had no rights to the REDIFF mark the
WIPO Panel concluded the proceeding by transferring Rediff.com.pk
to the Indian REDIFF trademark owner Rediff.com India Ltd.
Tata Sons Ltd Vs. Ramadasoft - The Panel concluded that the
Respondent owned domain names are confusingly similar to the
Complainant’s trademark TATA, and the Respondent has no rights or
legitimate interests in respect of the domain names. These facts
entitle the Complainant to an order transferring the domain names
from the Respondent.

12. # 3. L I N K I N G
HYPERTEXT REFERENCE LINK IMAGE LINKING
Hypertext reference link Image links bring an image
instantly transports the user to contained in a separate file onto
another location. The link may the page being viewed. The
lead simply to a particular separate file may be an image
point within the same web site, file stored on the same server as
or allow the user to leap from the link or an image file stored
one site to a completely on a separate, unrelated site,
different, unrelated site which is known as "linking in”.
provided by a different source. For eg. A travel agency or a hotel
This form of linking, called website.
"linking out”.

13. #4. META-TAGGING
Meta tagging is a technique whereby a word (e.g VIRAT KOHLI) is
inserted in the keywords field (visible/invisible) of the site in order
to increase the chances of a search engine returning the site,
although the site may have nothing to do with the inserted word.
#5. RENEWAL SNATCHING
Usually, domain registration is for a fixed period and if the owner
does not re-register the domain name prior to expiration, then the
domain name can be purchased by anybody. Cyber squatters will
snatch up a domain name as it becomes available. This process is
often referred to as “renewal snatching”

14. REMEDIES AVAILABLE
In UNITED STATES
1. Sue under the provisions of the Anti cyber squatting Consumer
Protection Act (1999).
2. Use an international arbitration system created by the ICANN.
In INDIA
1. Bringing an arbitration proceeding under ICANN’s rules,
2. Bringing a lawsuit in state or federal court,
3. A case could be filed with the .in registry handled by National
Internet Exchange of India(NiXI) - 30days- fast track.
4. Use WIPO Mediation and Arbitration Center’s online dispute
resolution mechanism. – 45 days.
NOTE- Our legal system is silent as to the punishment to be given.

15. Uniform Domain-Name Dispute-Resolution Policy
Under the policy, trademark-based domain-name disputes must be
resolved by agreement, court action, or arbitration before a registrar
will cancel, suspend, or transfer a domain name.
To invoke the policy, a trademark owner should either:-
(a) file a complaint in a court of proper jurisdiction against the
domain-name holder or
(b) in cases of abusive registration, submit a complaint to an
approved dispute-resolution service provider.

16. IMPORTANT
TO KNOW ABOUT UDRP -
http://www.icann.org/en/help/dndr/udrp
LIST OF ICANN ACCREDITED REGISTRARS –
http://www.icann.org/registrar-reports/accredited-list.html
http://www.facebook.com/icannorg?fref=ts
https://twitter.com/i/#!/search/?q=icann&src=typd
http://www.youtube.com/watch?v=CHHABJ8rQ0s

17. THANK YOU
IN ENGLISH
IN HINDI
IN PUNJABI