Cybersquatting refers to the illegal practice of registering, trafficking in, or using a domain name with the intent to profit from the goodwill of someone else’s trademark or brand name. The cybersquatter typically registers domain names that are similar or identical to established trademarks and then attempts to sell them to the rightful owner at a premium price.
How Cybersquatting Works
- A cybersquatter registers a domain like
www.tataelectronics.comwithout owning the trademark “TATA”. - The aim is to either:
- Sell the domain to Tata Group at a high price.
- Mislead customers into thinking it’s the real brand.
- Generate ad revenue from users who visit the site by mistake.
Types of Cybersquatting
- Typo-squatting: Registering misspelled domain names (e.g.,
gogle.com) - Name-jacking: Registering the name of a famous person or celebrity
- Brand-squatting: Registering well-known trademarks or business names
- Combo-squatting: Mixing brand names with common words (e.g.,
tata-offers.com)
Legal Protection Against Cybersquatting in India
India does not yet have a specific law titled “anti-cybersquatting,” but protection is available under:
- Trade Marks Act, 1999 – Protects registered trademarks from misuse.
- IT Act, 2000 – Sections on fraud, cheating, and misuse of computer resources may apply.
- Indian Penal Code – For criminal intention like cheating or misrepresentation.
- Passing Off Doctrine – In common law, to protect unregistered marks.
WIPO & UDRP (International Mechanism)
The World Intellectual Property Organization (WIPO) resolves domain disputes globally through the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
To win a complaint under UDRP, a trademark owner must prove:
- The domain name is identical or confusingly similar to their trademark.
- The registrant has no legitimate interest in the domain name.
- The domain was registered and is being used in bad faith.
Famous Cases of Cybersquatting
- Yahoo! Inc. vs. Akash Arora (India) – Use of domain
yahooindia.comwas ruled as passing off. - Rediff Communication Ltd. vs. Cyberbooth (India) – Use of
radiff.comwas considered deceptive.
How to Protect Against Cybersquatting
File a WIPO complaint or approach Indian courts if necessary.
Register domains proactively (including common variations).
Use trademark registration to establish legal ownership.
Monitor domain registrations for potential infringements.
