A Theoretical Analysis Of Jiohotstar Domain Fiasco From A Legal Viewpoint

Jayakrishnan. B. Nair, B.B.A. LL.B. (Hons.), Government Law College Kozhikode (GLCK), Kozhikode

ABSTRACT

The recent controversy surrounding the jiohotstar domain name has once again highlighted the critical issue of cybersquatting (a practice commonly referred to as domain squatting) in India. Cybersquatting involves the registration, trafficking, or utilization of a domain name with the intent to profit from the established goodwill of a trademark owned by another party. This paper seeks to elucidate the possible legal complexities inherent in the jiohotstar domain fiasco, providing a thorough analysis of the legal framework that governs cybersquatting in India. It will explore relevant statutory provisions which may apply if the said controversy escalates into a court case, and will also delve into similar case laws, thereby offering a comprehensive understanding of the implications and challenges associated with cybersquatting in India. Through this analysis, the paper also aims to contribute to the broader discourse on intellectual property rights in Indian cyberspace.

Keywords: jiohotstar, developer, cybersquatting, domain name, legal, trademark, registration, intention, trademark infringement, UDRP, ICANN, INDRP, intellectual property rights