Divita Vashisht & Riya Gupta, LLB (Hons.), O.P Jindal Global University, Sonipat
ABSTRACT
The ancient people sketched on various items to identify them. As civilizations advanced, new and improved business techniques necessitated product differentiation. This requirement was met because of trademark. Since the advent of e-commerce, businesses have begun to thrive and grow their businesses on the online platform. But, However, Hoaxers frequently employ well-known trademarks as domain names to defraud customers. "Cyber-squatting" refers to this behaviour. Customers can demarcate and ascertain a company's goods and services in the marketplace and on the Internet by using its trademark and domain name. As a result, safeguarding domain names is just as important as protecting trademarks. Following it, businesses must register domain names to prevent others from using a company's trademark as their domain name which can lead to Internet trademark infringement being unavoidable. Recently, there has been emanate rise in the number of domain names registered by people who are not the owners of such businesses; such practises are coupled with trademark infringement internationally as well domestically, where the squatters reserve Meta tags similar to well-known brand names. Firstly, the paper would begin with the concept of cybersquatting, trademark and domain name. Secondly, the primary goal of this endeavour is to comprehend and analyse this trademark issue by citing various case laws and infringement examples that have emerged as a result of the internet and digital era. This paper will also discuss the approach of various Indian courts and international law to such trademark issues. There is a need for an independent tribunal and a complementary body to be established in India to investigate such issues more thoroughly. Lastly, the paper would deal with conclusion coupled with suggestions that we could infer throughout our research to combat these infringements.
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