Britain’s intellectual property laws are to be reviewed to “make them fit for the internet age,” Prime Minister David Cameron has announced.
He said the law could be relaxed to allow greater use of copyright material without the owner’s permission.
The announcement was welcomed by internet campaigners who say it will boost small business.
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Ezeego.com, a group company of Cox and Kings and a competitor of makemytrip in the online travel segment, initiated legal proceedings against makemytrip for booking similar domain name.
Ezeego.com has alleged MakeMyTrip registered domain names similar to its Ezeego1.com, in 2007-08.
According to reports, Ezeego1.com spent huge money in advertising for popularising its domain name. When MakeMyTrip registered deceptively similar domain names, they not only diverted Ezeego1.com’s user traffic but also gained undue advantage due to the popularity of the domain as a result of the advertising by the complainant.
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Domain name dispute in India – Some Cases Domain Names
Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas
The disputed domain name <barkhadutt.com>
Factual Background
Barkha Dutt, the Complainant in the present dispute, is a journalist known for her proficiency in frontline reporting from conflict regions. Her work in this area has won her several accolades and her reporting style has inspired Hindi films such as “Lakshya”.
The Complainant is a known media figure and anchors television talk shows. She is also recognized for her writings and contributions to news and current affairs discussions in various media.
The disputed domain name <barkhadutt.com> was registered on January 8, 2007.
Discussion and Findings
The Policy requires the Complainant to establish three elements under paragraph 4(a) to obtain transfer of the disputed domain name.
(i) The domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) The Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) The domain name was registered and is being used in bad faith by the Respondent.
Decision
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <barkhadutt.com> be transferred to the Complainant.
Courtesy WIPO
Rediff Communication Ltd Vs. Cyberbooth and Anr.3 :
The plaintiff was using the trade mark/domain name “Rediff.com” and the Defendant started business by using the mark/domain name “Radiff.com”.
It was held that the two names were almost similar and there is every possibility that the Internet user may be deceived and confused. Therefore the court accepted the prayer of the plaintiff and restrained the defendant from using the disputed domain name.
Yahoo Inc. Vs. Akash Arora 2:
The Plaintiff was the owner of the Trade mark “Yahoo!” and domain name “yahoo.com”, which are very well known. The Defendant adopted the domain name “Yahooindia.com” and got the same registered in his name.
Court held that the said word “Yahoo” had acquired distinctiveness and is associated with the business of the Plaintiff. The use of domain name “yahooindia.com” by the Defendant leads to passing off of the business of the Plaintiff as his own and hence the same shall be permanently discontinued. Therefore, an injunction restraining the Defendant from using the impugned mark was granted.
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and law, simply email us at info@cybersmart.in and we
will get straight back to you.
Happy World Intellectual Property Day
Here are some news snippets:
Researched by Team Cybersmart
The European Commission unveiled revised antitrust rules allowing luxury brand owners to block online retailers without a bricks-and-mortar shop from distributing their products.
In a bid to counter criticism from online retailers such as eBay and Amazon as well as consumer groups that the provision could restrict user choice, the European Union competition watchdog said it would monitor developments.
Brand owners – often in the high-end or luxury goods market – had argued for the requirement to deter so-called free-riders, competitors who may benefit from their marketing that luxury brands carry out without bearing the same costs.
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Innocent people could be blocked from going on to the internet by the Digital Economy Bill
The bill, which aims to clamp down on illegal file-sharing but many fear that owners of internet cafes, students in shared accommodation and parents will be punished for the alleged abuse of others.
If a copyright holder, such as a record company, believes someone is illegally downloading music, films or games they can approach the person’s internet service provider.
If the infringement continues their internet connection could be blocked.
However, there may be no recourse for innocent web users who share internet connections with offenders.
Websites which are repeatedly found flouting copyright law can also be blocked by the government.
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France has introduced new anti-piracy legislation, backed by entertainment industry heads and president Nicholas Sarkozy.
The Creation and Internet Bill also sets up a new state agency called the Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet (Hadopi).
Users found to be downloading content illegally will be sent a warning email by the Hadopi, followed by an official letter if they continue to break the new law.
Repeat offenders could also be brought before a judge and imposed with fines or even have their internet access revoked.
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Warner Music Group has completed a deal with YouTube that will bring back music videos for Green Day, U2, Madonna and other artists to the video-sharing site from which they were removed in December, according to reports.
Warner has also commenced talks with Vevo, the “Hulu for music” joint venture between YouTube and Universal Music Group and Sony Music Entertainments.
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