Sometimes when you are looking for information from websites, you may find that some sites contain nearly exact information, with terms and the way of writing is totally the same. In this age of advanced technology, copying information from one of the millions of sites out there and using it in another is as easy as it sounds. In today’s era of hi-tech computers and the internet, you are just a click away from becoming a publisher, a software developer, a musician, and anything you can imagine. When this type of cyber-theft was known to the public, the rules and regulations were created in earlier years during the emergence of Information Technology and protecting someone’s work with the purpose that it would help the original creators protect their content from others. Apart from copying someone’s work, there is also a major issue in cyberspace related to domains. Domains are, to be said in as simple language as possible, unique alternative names of the websites with an IP address so that we can easily identify the website itself. But sometimes these domain names can be used by more than one website. To prevent this from happening, the Trademarks Acts, 1999 was enacted so that the domain names can be allowed on ‘first come first serve’ basis. Defying which, punishments would be rewarded. There are various types of infringement of trademarks in the cyberspace: –

  • Cyber Squatting – According to Anti-Cybersquatting Consumer Protection Act enacted in the U.S. “is registering, trafficking in, or using an internet domain name with bad faith intent to profit from the goodwill of trademark-related to someone else.”
  • Reverse Domain Name Hijacking – same as cybersquatting but here, the original owner is falsely sued for stealing the domain name by the real stealer.
  • Meta Tags – Meta tags contain keywords, title, and description of websites to help people categorize their websites correctly. Today it is used for raising ranking for websites with poor construction.

The Loophole in Trademarks Act, the Copyright Act, and the Information Technology Act in India The first issue to arise is that the Information Technology Act is ineffective against the cyber squatters and the domain names which have been stolen can, at best, only be taken back without receiving any compensation or giving punishment to the wrongdoers.

The second issue arises with the jurisdiction issues, stalking, defamation, and crimes related to Intellectual Property Rights (IPR from here on) in cyberspace. On top of this, online trademark and copyright infringement, and solutions for online software piracy are also some of the issues which have been looked over by the Trademarks Act and Copyrights Act. Though the technological advancements in India regarding cyberspace and IPR are at its peak, there is still much to be done regarding the issues of Cyberspace and IPR. The people with right skills and knowledge regarding the cyberspace, Information Technology and IPR have to come together to tackle the issues at hand, because the contents that the original makers create, should be prevented from getting stolen at any cost since an individual does his best to come up with something unique and it is his intellectual property. While this is so, there is also a need for strict laws in the field of Intellectual Property Rights and Cyber Laws. How to Keep Your Business Safe on the Web

  • Don’t open suspicious emails — or click links within them

If you receive any suspicious-looking emails — especially emails that claim to be from or associated with social media sites — it might be wise to avoid opening them and resist the temptation to click on any links within them. Instead, you should visit the site that the message claims to be from — so you can directly access any notifications or messages contained on the site.

  • Eliminate vulnerabilities in your OS and applications

Ensure that your operating system (OS) and all applications running on your computer — including browsers and plugins — are regularly updated. This will help to eliminate vulnerabilities that could be exploited by malware if you visit a cybersquatter’s website.

  • Install Internet Security Software — and keep it updated

An effective antivirus solution — that includes a firewall — can help to protect your computer, by blocking malicious subdomains. Some security software will also warn you about risks if it believes that you are about to enter a potentially malicious domain. To help maximize your protection, make sure your security software is regularly updated. In case of Reverse Domain Name HijackingWhen a company files an egregious cybersquatting case against a domain name, the panel that decides the case can go further than just denying the claim. They can also admonish the Complainant for engaging in “reverse domain name hijacking,” though instead of this colorful language, a panelist might simply say the case was filed in bad faith. Here are some reasons a panelist of UDRP (Uniform Domain Name Dispute Resolution Policy) might decide that a case is reverse domain name hijacking:

  1. Complainant knew that the respondent had legitimate rights. A common example is when the company’s name matches the last name of the domain name owner. If the company was aware that the domain owner’s last name was the same as the domain, then it knew she had legitimate interests in the domain name. Another example is if the domain owner has used the domain for many years for a business. Complainant left out key information from the complaint. Complainants will sometimes only submit the information that helps their case, leaving out critical information. For example, a Complainant might produce part of an email conversation that makes it look like the domain owner tried to sell the domain to it. In reality, the Complainant contacted the domain owner about buying the domain, not the other way around.
  2. Plan B reverse domain name hijacking. This often goes hand-in-hand with leaving out key information. Plan B refers to when a company tries to buy a domain name. When it can’t negotiation the price it wants, it files a UDRP.
  3. The complainant should have known it couldn’t win the case. This is somewhat of a catchall, but it’s usually when the Complainant’s trademark rights postdate the domain owner’s registration of the domain. In order to show that a domain was registered in bad faith, a Complainant must show that the domain owner was targeting it. That’s impossible if the company or its mark didn’t exist when the domain was registered.

There’s no monetary penalty for being found to have filed a reverse domain name hijacking case, although domain owners can subsequently sue the Complainant in court to seek an award.

Leave a Comment

Your email address will not be published. Required fields are marked *