Cybersquatting: Okay to use MNC’s name if no India ops (INDIA)

[companyone]

Hi,




Posted: Friday , Jan 15, 2010 at 0122 hrs New Delhi:



Cybersquatting: Okay to use MNC’s name if no India ops

I

In a judgement that may just set the drift against global firms blocking important domain and trade names for later selling them at a profit, the Delhi High Court has held that a company cannot restrain others from using similar names unless it conducts business in that country and is bound to suffer irreparable damages to its commerce because of its use.

Breaking away from conventional outlook in such cases, Justice S N Dhingra observed that the practice of blocking domain names and trade names merely with the purpose of selling it in future and not using it for commercial reasons was not something the courts would find favour with.

“Blocking of trademark and blocking of trade name is not looked upon kindly by the Courts. It has become a practice to block important domain names, important trade names so that others cannot use it despite the fact that the person himself may own it just to sell it in future,” said Justice Dhingra while dismissing a plea by a US-based firm. SOURCE

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Peace!
Dan

 

[Soofi]

quoted from article..

“Merely because a company is having presence in many countries in the business of realty does not mean that the company’s reputation has travelled to every single country on earth. Reputation and goodwill of a company are intangible assets and these intangible assets are to be shown to exist,” the court held against the foreign firm.

I sooo do agree with the ruling. If you have no presence in that particular country, how can you and why would you claim identity theft in that particular region??

That's mere malpractice, and way of trying to say that "it's our name, hence you cant use it even though we dont do any sort of business with it in your area!!"

 

[charlescarreon]

Under US Trademark law, the holder of an "Incontestable Mark," that is, a registered mark that has been held for Five Years and for which a Section 15 affidavit has been filed, has the right to assert that mark without geographic limits - at least within the USA.
http://law.justia.com/us/codes/title15/15usc1065.html

 

[dn-101]

i didn't know that internet has borders

 

[Tim Schoon]

i didn't know that internet has borders

it doesnt really have borders, just also some ugly and unsafe areas

 

[ydnaemsti]

"has the right to assert" but has rights of none in sovereign country. Not yet.

 

[charlescarreon]

"has the right to assert" but has rights of none in sovereign country. Not yet.

The thing is, since the USA is the USA, if a lawyer can shut you down in the USA, that cuts out a big part of the market. Of course, if the point is to market in other countries, and you can get hosting there, that's dandy. But a UDRP or related cybersquatting action can take away that domain name, and so far, what's on the USPTO register makes the law in cyberspace. Imperialism rules.