INTERNET FIGHTS
An interim injunction order granted by the court restrained the transfer, alienation or off er for sale of the domain name arunjaitley. com to any third party and the creation of any third party interest therein. It was contended that as far as individual persons or eminent personalities are concerned,
their identity
is established in the virtual world of the Internet. T erefore, it is incumbent to protect domain names so that the identifi ed names of companies and individuals which are distinct in the marketplace may not fall into the hands of individuals who have no genuine link to those names.
In another case Daler Mehndi, an Indian composer and performer, brought an action against the defendant
• Political leader Mohammad Azam Khan fi led a complaint with the director general of police against a fake Facebook account in his name, on which infl ammatory statements had been posted.
Soſt wares to stop using the marks ‘Scrabble’ and ‘Scrabulous’ in relation to an online version of the game as part of its source code and metatags. T e court restrained RJ Soſt wares from hyperlinking.
Social media websites
In the last decade, social networking websites such as Orkut, Facebook and Twitter have arisen, where people of the same interest groups come together as a community. In such communities people share information about the latest happenings, express views, criticise certain issues, etc. T e Indian government has recently been trying to control these activities which can elevate sensitive issues, possibly leading to disharmony in society. Examples include:
• A fake video uploaded on YouTube showing the Indian Bollywood superstar Amitabh Bachchan endorsing Narendra Modi to be the next prime minister angered Bachchan to the extent that he tweeted: “Fake! Fake! Fake! Video”.
www.worldipreview.com
• A man was arrested on charges of creating a fake ID on Facebook, using off ensive language on the social networking site, defaming a woman and for impersonation, criminal intimidation and defamation. He was arrested under Sections 66-A (sending off ensive or false messages through communication service), 66-D (cheating by impersonation using a computer resource) of the IT Act & Sections 500 (punishment for defamation) and 506 (criminal intimidation) of the Indian Penal Code.
Celebrity rights
Political leader Arun Jaitley (the plaintiff ) sought a permanent injunction to restrain Network Solutions Pvt Ltd (the defendant) from misusing the domain name arunjaitely. com, and to order its immediate transfer. Arun Jaitley had wished to register the domain name
arunjaitley.com, which the defendants had already registered. On learning of this, Jaitley wrote to the defendants requesting the transfer of the domain name, as it had not been renewed and was pending deletion.
In response, the defendants asked the plaintiff either to wait for the domain name to be deleted for non-payment or to make a certifi ed off er to purchase the domain. It was alleged that aſt er expiration of the domain name, the defendants did not delete it or transfer it to the plaintiff , but rather transferred it to an auction site for domain names (the third defendant).
registration of the domain name dalermehndi. net. T e Delhi High Court restrained the defendant Jhaveri from using the trademark ‘Daler Mehndi’, thus recognising the fact that an entertainer’s name may have trademark signifi cance.
Safi r Anand is a senior partner at Anand & Anand. He can be contacted at safi
r@anandandanand.com
following the
Safi r Anand is head of the trademarks, contractual and commercial IP entertainment and contractual IP at Anand and Anand. He is a member of the Bar Council of India, INTA, APAA, Asia- Pacifi c Lawyers Association, Centre
for
International Legal Studies, SAARCLAW, AIPPI, International Bar Association, Luxury Society, T e Association of Media and Entertainment Counsel, and the International Franchising Association. His practice areas include trademarks, contractual law, franchising and licensing, character merchandising, advertising and labelling laws, IP audits, IP issues in mergers and acquisitions, and due diligence.
Trademarks Brands and the Internet Volume 2, Issue 3 41
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