"Most people immediately think of cars when they hear the name Nissan, and this is understandable since the company has used the label since the 1970s. In 1994, however, nissan.com was registered for Nissan Computer Corp

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · June 2022
"Most people immediately think of cars when they hear the name Nissan, and this is understandable since the company has used the label since the 1970s. In 1994, however, nissan.com was registered for Nissan Computer Corporation. This was five years before the automobile company decided they wanted the domain. Nissan Motors claimed that the domain name constituted trademark dilution, infringement and cybersquatting. This would typically be a valid claim, but the owner of the domain and corporation is named Uzi Nissan. Uzi's companies are simply titled after his surname. Nissan Motors ended up registering a different domain for their company." What do you mean by cybersquatting? Did cybersquatting actually occur in this case? Critically examine the Legal Scenario of Cybersquatting in India.

Answer & Explanation:

Meaning of 'Cybersquatting': Cybersquatting is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else's trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses. Did cybersquatting occur in this case? No. Uzi Nissan companies are titled after his surname 'Nissan' as mentioned in the case. Cybersquatting did not occur in this case. Legal Scenario of Cybersquatting in India: India has no Domain Name Protection Law and cybersquatting cases are dealt under Trade Mark Act, 1999. The Hon'ble Supreme Court in Satyam Infoway Ltd vs. Sifynet Solutions Pvt Ltd has observed the following: "As far as India is concerned, there is no legislation which explicitly refers to dispute resolution in connection with domain names. But although the operation of the Trade Marks Act, 1999 itself is not extraterritorial and may not allow for adequate protection of domain names, this does not mean that domain names are not to be legally protected to the extent possible under the laws relating to passing off". In India, victims are provided with the following options to combat Cybersquatting: By sending cease-and-desist letters to the Cybersquatters. Initiation of arbitration proceedings under ICANN'S rules. Option for a trial in a state court.

Topics: Cybersquatting

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