TRADEMARK LAW IN CYBERSPACE: PROTECTION TO INTERNET ADDRESS
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Abstract
Trademark has been a hot property on the Internet since its inception. Internet, today, has not just provided a great platform to the users for educational purpose but also for business purpose. It has now provided a great economic value to the online business but at the same time it is also exposed to many ways in which it provides these online business holders at a risk. For having a distinct market in the cyberspace, just like trademarks, some alphanumeric characters are given which are ‘Internet Domain Names’ and the risk associated with these domain names are known as Domain Name Disputes. Through this paper the author has tried to analyze the relation of Internet Domain Names with trademark and how the domain name disputes come into play with it. The main purpose that this paper holds is to analyze the issue of cyber squatting and other similar domain name disputes. The research paper also discusses the legal position under trademark law for protection of trademark in cyberspace. As the trademark laws are territorial in nature, so the paper also discusses the issue of inadequacy of laws for dealing with this matter. It further outlines as to how UDRP (Uniform Dispute Resolution Policy) deals with the same situation at an extra-territorial level according to the mechanism provided by ICANN (The Internet Corporation for Assigned Names and Numbers). The paper concludes by providing some suggestions as to how Indian Trademark Laws can make the working of UDRP better by working on its own laws.
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