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When any person or organization register the domain name similar to another establishment and tries to sell it maliciously or use it to obtain traffic to make profit is called cybersquatting.
Registration, Trafficking in or using the domain name which is similar to another organization which was famous at the time of taking domain resulting in consumer fraud, public confusion or the source of sponsorship of goods which put unreasonable burden on the owner of the trademark to protect their name is cybersquatting.
Typo Squatting- While web browsing the internet users make typographical error which lead them to a website created by cyber squatter who makes the similar website to trick the consumers also called “URL Hijacking”.
Identity Theft- The domain name after purchase need to renewed periodically cyber squatter keep eyes on such domain which are about to expire and then they purchase it immediately and create a duplicate website which misleads the consumers or visitors.
Name Jacking- the cyber squatter uses the name of famous personality to create the website and use the traffic related to such personality for making profit.
ReverseCybersquatting - In some case the cyber squatter create pressure to transfer the ownership of the company of the domain which comes under unfair trade practice so they have to pay the damages to the victim as compensation.
Phishing- This kind of the fraud comes under the cyber fraud that uses the confidential information to appear as the legitimate owner and use the details to commit crimes it includes creating fake website.
Domain Parking- it means transferring of domain name to a website containing the advertisement for the purpose of creating traffic.
Ransome – The purchase of domain name to and infecting the files in it to get the owner to pay the Ransome in exchange of the data or domain.
Affiliated Marketing- transferring the traffic on the page used for sale and purchase of good in exchange of commission.
Scams- The scams like identity theft or credit card fraud or collection of personal data without notifying the owner are some kinds of scams that happens through cybersquatting.
Cease and Desist letter- This document is a notice which is sent to the person who is infringing the right by the person whose rights are infringed stating that they need to stop the illegal activity they are carrying on
Arbitration- In this process both the parties try to find a common ground on which they settle the matter without going to court.
Filing a case- In this a case is filed with the registry handled by National Internet Exchange of India (NiXI) regarding the cybersquatting
To protect your trademark from Cyber Squatting, you can register your trademark, monitor for potential infringement, and take legal action against any instances of Cyber Squatting. You can also use domain privacy services to protect your contact information associated with your domain name.
To determine if a website is a case of Cyber Squatting, look for similarities between the domain name and a registered trademark, as well as any use of the trademark in the website's content or metadata. Additionally, consider if the website is being used for commercial purposes and if it is attempting to deceive or confuse internet users.
The role of NIXI in addressing Cyber Squatting is to administer the .IN Domain Name Dispute Resolution Policy and provide a mechanism for resolving disputes related to .IN domain names. NIXI can also provide information and resources to help protect trademarks from Cyber Squatting.
The process for resolving a Cyber Squatting dispute typically involves filing a complaint with NIXI or a court of law, presenting evidence of the violation, and following the relevant legal procedures. The outcome may include transfer of the domain name to the rightful owner, compensation, or other remedies.
Registering multiple domain names related to your trademark can help protect against Cyber Squatting by preventing others from registering similar or identical domain names. However, it is not a guarantee and it is still important to monitor for potential infringement and take legal action if necessary.