Pursuing Cybersquatting as a Trademark Infringement under the IP Regime

  • Yash Bajpai and Alok Ranjan Jha
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  • Yash Bajpai

    Junior Legal Associate at Blancco Technology Group, India

  • Alok Ranjan Jha

    Advocate in India

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The paper delves into the legal intricacies and challenges posed by cybersquatting within the Indian intellectual property framework, particularly focusing on its implications for trademark protection. Cybersquatting involves the registration of domain names that closely resemble well-established trademarks, exploiting their goodwill for financial gain. This raises significant legal dilemmas due to the absence of tailored legislation in India. The study explores various manifestations of cybersquatting, such as typosquatting and identity theft, emphasizing their detrimental effects on brand integrity and consumer trust. The analysis evaluates the adequacy of existing legal mechanisms, including the Indian Penal Code and the Information Technology Act, which currently fail to comprehensively address the complexities of cybersquatting. Through a series of case studies, the paper illustrates the evolving perspective of Indian courts, which have begun to treat domain names as part of trademark protection. In addressing these challenges, the paper highlights the importance of successfully resolving disputes arising from cybersquatting to facilitate ease of business. It argues for the necessity to thoroughly analyze and discuss the regulation of cybersquatting under the trademark regime in India and explores potential remedial measures to enhance the trademark legal framework governing cybersquatting. There is a need for legislative reforms to improve the protection of both registered and unregistered trademarks against cybersquatting. A robust policy designed to navigate the digital domain is needed to ensure comprehensive legal protection for domain names as crucial assets of business identity and intellectual property. This contribution aims to advance the discourse on enhancing intellectual property rights protection in the digital age, proposing a framework for legal reforms tailored to the unique challenges of the digital marketplace.


Research Paper


International Journal of Legal Science and Innovation, Volume 6, Issue 2, Page 297 - 308

DOI: https://doij.org/10.10000/IJLSI.111850

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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