CYBERSQUATTING AND DOMAIN NAME DISPUTES UNDER THE TRADEMARK LAW

This paper addresses the conflicts that arise from registering domain names of established trade names with the intent to resell them or capitalize on their goodwill, a practice known as 'cybersquatting.' The popularity of registering domain names has surged over time, operating on a first-come, first-served basis. This study delves into the fundamentals of domain names and their legal recognition as trademarks, emphasizing the importance of protecting these digital assets. The paper provides a detailed analysis of cybersquatting cases in various jurisdictions, particularly focusing on the legal landscape in the United States and India, and the applicability of common law principles.

Additionally, it explores the dispute resolution mechanisms established by ICANN, such as the Uniform Domain Name Dispute Resolution Policy (UDRP) and the role of the WIPO Arbitration and Mediation Center. By reviewing key cases and legal precedents, this project aims to shed light on the current challenges and potential solutions for effectively safeguarding trademarks in the digital age.