There’s an instinct within most us that prompts us to lie or state the most ludicrous things when accused of being in the wrong. This primordial feeling (which may be what helped us survive) of justifying and rationalizing one’s actions is most evident in negotiations with trademark infringers and domain squatters (someone who registers a domain name with the intent to profit from the goodwill of a trademark belonging to someone else). While there are judicial fora to retrieve domains like the National Arbitration Forum for .com domains and the .IN Registry for .in domains (discussed in detail here) domain disputes don’t always go through them. On many occasions, the squatter is just sent a nicely worded cease and desist notice to stop using the domain and to transfer it to the rightful owner and negotiations ensue.
Trademarks are to the real world, what domain names are to the virtual world; Trademarks are vital to every business because they help consumers associate the goods or services provided by them to that particular trademark thereby building reputation. Similarly, the Internet is the first port of call for anyone who wants to find information about anything and therefore, it is essential for a company to make its presence felt in the virtual world through a website.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.