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DOMAIN NAME PROTECTION AND CYBERSQUATTING DISPUTES

Introduction

What is Domain? Why does it need to be protected? What is cybersquatting of domain name? And how are domain name disputes resolved between cyber squatters and trademark holders? This weblog will provide all answers to the abovementioned question. Now, most trademark holder wants to create an online identity by creating a domain name for their businesses or products. Here online identity means a website, which is giving the identity to the registered trademark.

What is Domain?

A domain name is a string of text that maps to a numeric IP deal with, used to get entry to an internet site from the client software program. In plain English, a domain call is a text that consumer types into a browser window to attain a particular website. For example, the area name for Facebook is ‘facebook.com’. A site called is an address at the net. A domain name functions on the net like a bodily address inside the real world! The original cope with of an internet site is a complicated numerical IP address (e.g. 192.168.29.1), however the way to DNS, customers can input human-friendly domain names and be routed to the websites they’re searching out. This procedure is called a DNS lookup.

Why are domains name important?

  • Domain Name is an extension of a brand + builds your brand
  • Online presence is crucial for brand building, educating customers, and for easy access (the advent of smartphones)
  • Can create a successful web presence
  • Adds credibility to your business
  • E-commerce
  • 72% of the world population have smartphones
  • 14 billion people worldwide are digital shoppers (2021)
  • Nearly 50% of the world’s population start searching for products from their smartphone
  • Consumers spend 85% of their time on smartphones in apps
Why does it need to be protected?

A website may be one of an organization’s maximum precious assets. So, whether you’ve got been using your area name for years or have simply received it, you ought to make sure to guard it — to make certain that you do not lose it because of oversight, deception, or illegal hobby. Based totally on your area registration, domain hijackers can infiltrate the Whois database, identify you as an internet site owner and capture your non-public data and private facts. Area privacy protection is obtainable by way of area registrars to protect your facts inside the Whois facts from unauthorized human beings. Investing in this carrier will make certain that your non-public records are hidden from public view to keep them private and defend you from identification theft.

Cybersquatting

Cybersquatting is creating a domain with bad faith intent to profit from the goodwill of a trademark belonging to someone else.

Type of cybersquatting disputes

  1. Typo-squatting

At the same time as growing a website deal with into a web browser, net users might also make sure typographical mistakes. So, they are led to a substitute internet site which is created via a cyber squatter while a consumer types a wrong address. This is also referred to as URL Hijacking. Typo squatters may also create a faux internet site that nearly resembles the authentic internet site through using the identical layout, shade schemes, trademarks, and content material to trick its net users. Through inadvertently mistyping the call of famous websites into their internet browser – e.g., faceboook.Com rather than facebook.Com or being lured to them as a part of a broader phishing attack.

  1. Reverse Cybersquatting

As a way to cozy the domain names of legitimate proprietors, the cyber squatters might also impose positive pressure to transfer the ownership of the individual or enterprise that owns the legitimate trademark of such domain names. Because its an unfair enterprise practice, the opposite cyber squatters are liable to compensate its sufferers for the damage performed.

  1. Gripe Sites Cyber-squatting

Gripe websites are websites providing consumer commentary criticizing the enterprise practices of positive organizations. Many cyber griper websites incorporate parodies of their corporate goals. Now not all cyber-squatters are out to make profits — a few have other agendas. Some human beings take the course of cybersquatting to harm a business organization/individual’s reputation; take private revenge; put up their extremist political, non-secular, or social ideals; or mock or make a satire at the unique internet site online’s values or task.

  1. Appearance alike Domain Cybersquatting

By definition, a look-alike area is a nearly same, slightly altered domain name, registered with the motive to misinform. Cybercriminals sign in loads of heaps of look-alike domains each year to impersonate legitimate manufacturers and create wealth, commonly through committing fraud. Examples: Adding extra characters: Amazonshopping.com; Reordering the words: dealsnap.com (as an alternative of snapdeal.com)

  1. Name Jacking/Cybersquatting

The jackets usually goal the names of well-known celebrities and sign up a website name related to such targeted names. The primary reason for doing so is to benefit from the net trafficking associated with such famous personalities. However, America Anti–Cybersquatting customer safety Act affords trademark safety to such personal names that have decreased call jacking to a more extent.

  1. Identity Theft Cybersquatting

As soon as a website(domain) is registered successfully, it additionally desires to be renewed periodically. Whilst such domain names aren’t renewed with the aid of their previous owners unintentionally, the cyber squatters right now buy such domain names. They use unique software program packages to screen the expiry of some precise domains. After registering the expired domain names, cyber squatters duplicate the unique websites and for that reason mislead the real traffic of such websites. Every time the enterprise owners determine to restart their agencies if cybersquatting occurs, they’re pressured to buy again their domain names from cyber-squatters at top price fees.

  1. Phishing

It’s miles a sort of cyber fraud that misuses private economic data and other personal or touchy facts. Phishers usually send disguised emails that seem to had been sent from legitimate trademark proprietors. Phishing scams additionally include faux websites that seem as hosted by using valid or legit establishments.

How to prevent cybersquatting and keep a domain name secure?

Once a site has been registered with a registrar, that registrar is in fee of notifying the registrant when their domain is ready to expire and giving them the chance to renew, ensuring they don’t lose their websites. In some instances, registrars will prey on their customers’ expired domains by shopping for the one’s domains the second they expire after which promoting them back to the original registrant at an exorbitant rate. It’s important to select a sincere and honest registrar to avoid those varieties of predatory practices.

  • Make certain your domain is registered to the property entity.
  • Use a good registrar. Along with godaddy.Com
  • Lock your website.
  • Use a sturdy registrar password and protect it diligently.
  • Go ahead and sign-in (or renew) your site name for the longest length possible.
  • While you’re at, choose your registrar’s “auto-renew” alternative so your domain call registration should renew earlier than it expires.
  • Be smart about the contact records you provide to your registration and preserve it modern-day.
  • Be aware of website name scams.

Conclusion

Cybersquatting is a virus for which a lithe antidote in the form of on-the-go legislation is urgently needed on the other hand the infection would back going on cyber-squatters to prey harshly susceptible domain name holders when taking into account the current meet the expense of entry of affairs approximately the world cybersquatting is seen as a threat that has no bounds although WIPOs in force and proactive involvement has played a vital role in resolving domain state disputes and developing determined rules in this sports ground much more must be finished in the Indian real framework to feat cybersquatting the judiciary must intervention an in motion role by interpreting the laws in a manner that best reflects the organic nature of the country.

Author(s) Name: Pranjal Dey (University of Calcutta, West Bengal)