INSIGHTS

Introduction : A domain name begins as a technical address, however, with the growth of online commerce, its legal and commercial function has expanded. A domain name may now identify the enterprise operating a website, distinguish its goods or services and communicate the goodwill associated with that business. This change explains why Indian courts have treated domain names as capable of receiving trademark protection. The relevant question is not whether a domain name was

Introduction : A domain name is not merely an internet address. In online commerce, it can identify the business operating a website, distinguish its goods or services and carry the goodwill of an established brand. This commercial significance makes domain names vulnerable to deliberate misuse. Cybersquatting occurs when a person registers a domain name corresponding to a famous or distinctive brand, usually to demand money from the legitimate owner, divert traffic or exploi

Introduction : Search engines allow advertisers to bid on words that trigger the display of sponsored results. This creates a commercially important question: may a company purchase its competitor’s trademark as a keyword so that its advertisement appears when users search for the competitor? For example, a restaurant may bid on “McDonald’s” so that its advertisement appears when a user searches for McDonald’s restaurants. The advertiser may never display the word in the visi