Deceptive similarity and confusion may create doubts
in the minds of consumers and end users. That is why the trademark
laws around the world discourage the practices of deceptive
similarity.
The trademark
law of India is incorporated in the Indian Trademark Act 1999.
However, we have no dedicated domain
name protection law in India and domain
name protection in India is needed by means of dedicated
legislation.
Cyber
squatting has increased significantly as per a recent statement
by World Intellectual Property Organisation (WIPO). Cases of cyber
squatting in India have also increased.
In a recent domain name battle, Tata Sons and its
subsidiary Tata Infotech have won the domain name www.tatainfotech.in
in the Delhi High Court. The Court restrained Arno Palmen and those
related to him from using it in any of its activities.
The Court has also directed Key-Systems GmBH, an
international ICANN accredited registrar for internet addresses, to
cancel registration of domain name www.tatainfotech.in, granted to
Arno Palmen.
