Theft of domain name

Domain name of the website belonging to a company or a person is his property (like a trademark) and its acts as his identity in the virtual world. The domain name of the website of the company acts like its trademark and now very well considered as a Trademark. The domain names of websites owned by the company sometimes do also incorporate the company’s trademark and other allied marks. For example let’s take an example of Software Company Adobe Systems Inc, its domain names include: www.adobe.com; www.adobemagazine.com; and www.adobeindia.com. Now if some other company wants to register domain name www.adobeinc.org, it cannot do so. It would be deception to the public that the domain name www.adobeinc.org has some affiliation or association with the Adobe where it is not so and would be like riding on the popularity/goodwill of Adobe. The Adobe Company can file a suit for injunction restraining the other company (defendants) from using the similar domain name or deceptively similar domain name. It’s a case of trademark violation or passing off. See the Delhi High Court Judgment in the case of Adobe Systems Incorporated Vs. Sh. Rohit Rathi and Anr. 152(2008)DLT646

However, it may be noted that the impersonating the domain name itself does not violate or result into copyright infringement unless and until in the website itself other’s copyrightable work is published without his permission or consent.

Theft and impersonation of the website: Now, let’s take a situation, if some fraudsters impersonate a domain name of a nationalized bank with slight variation to deceive the general public. For example website of the Axis Bank is www.axisbank.com and someone makes a website www.axiisbank.com by adding an (i) in axis. It is very deceptive and must be overlooked by the gullible public. If the fraudsters in the fake website of the Axis bank also use the logo of the Axis Bank and other vital information so as to give it a genuine & legitimate look of the Axis bank website and send emails to the customers of the bank with a link of the aforesaid fake website, that the customers need to update their bank account and should send their login name, password and other identifying details so that their accounts can be updated and for this updating they can click the link given in the website which takes them to the fake website created in the name of Axis Bank . Some customers click the link and Passover the vital information due to which their account is hacked and fraudsters via internet banking misappropriate the funds.

The aforesaid situation is also a case of phishing apart from the theft or impersonation of the website. Now in the aforesaid situation, the provisions of Indian Penal Code and Information Technology Act, 2000 is attracted.

Indian Penal Code & Information Technology Act

Section 420 IPC: Cheating and thereby dishonestly inducing the general public by creating fake bank website so as to induce them to give their account and login details to the fraudsters.

Section 468 IPC: Forgery of the website which is an electronic record to be used for the purpose of cheating.

Section 471 IPC: Using as genuine the forged website which the accused knew to be forged.

Section 66C IT Act: Punishment for identity theft: The fraudsters have fraudulently or dishonestly made use of the logo, domain name of Axis Bank with cosmetic change to deceive the general public.

Section 66D IT Act: Punishment for cheating by personation by using computer resource: The fraudsters have by means of the fake website have personated the Axis Bank and thereby have cheated the general public.

Hello.

Mr. Sanjeev Panda Gave a good example.

But please note this twist.

If the 2nd onwer have valid firm for that domain then 1st will loose.

www.Adobesystem.in is register by any firm named "Adobesystem" legally (like providing company made softwares/music system etc ) then original adobe will loose.

but if Adobesystem.in is register to phish or display ads ( harmfull add containg virus erc) then adobe wins, Form non harmfull ads adobe may loose because site is not doing any harm to user/surfer which make adobe very difficult to win.

Thanks