top of page

Trademark Infringement: Domain Name Disputes




Baisakhi Pattnaik, SOA National Institute of Law


INTRODUCTION


The convergence of Intellectual Property Rights (IPR) and internet has gained immense importance in the present era of digital technology. Intellectual property encompasses intangible products of the human intellect, including but not limited to innovations, literature and creative works, designs, names, images, and symbols that are utilised in commercial activities. These intangible assets are legally safeguarded by many types of intellectual property ownership, such as patents, copyrights, trademarks, and business secrets. Cyberspace refers to the virtual realm formed by interconnected networks of machines, which includes the internet, online platforms, and digital communication channels. The internet has revolutionised our participation in business, interaction, and artistic expression, offering unparalleled prospects for originality and cooperation.


The intersection of intellectual property rights (IPR) with cyberspace presents intricate legal, technological, and ethical dilemmas. In the ever-changing world of technology, it is crucial to preserve intellectual property rights in order to promote innovation, encourage originality, and protect the rights of individuals, inventors, and companies. Nevertheless, the absence of borders in cyberspace, together with the simplicity of digitally copying and sharing content, has rendered intellectual property susceptible to contravention, illicit activity, and unauthorised use.


An issue that is particularly worrisome is the violation of trademark rights in conflicts over domain names. Domain names function as online identities for websites and digital assets, sometimes integrating trademarks or brand names. The unauthorised registration or use of domain names that violate existing trademarks can diminish brand worth, deceive customers, and damage the rights of trademark holders.

Commenti


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page