A trademark gives special privileges to the owner which can be used only by him and by the person authorized by him to use the same. However, at times several unscrupulous elements mistakenly or inadvertently use the given trademark for their benefit and this is called 'Trademark Infringement' which is happening a lot these days. Domain names are also a kind of trademark and the owner is vested with several trademarks rights i.e. only he can use it for commercial purposes and authorize others to use the same; unauthorized use is illegal and the owner can sue the party.
A trademark is summed up as a name or logo that is used by a particular company to identify its goods and services. The same is true about domain names which are used to distinguish from the rest other domains and here to the domain name owner is privileged with special rights with respect to use and ownership. Although it is useful to register a trademark under Trademarks Act, it does not mean that non-registration forfeits the rights vested in the owner of the trademark – in such a situation the one who used the trademark first becomes the owner of the concerned trademark.
Domain names and trademark infringement has become a major cyber crime today and companies are looking for a solution that not only protects such an act but also protects any damages that may ensue in consequence of any such act. Thus, domain name which in fact is an address that is being used for identifying and locating computers over the Internet has special privileges for the owner and the same must be protected forthrightly. Trademarks Laws prohibit a company or individuals using a domain name containing another's trademark.
Any use of another's trademarks for commercial purposes amounts to trademarks infringement and subject to damages. Under the intellectual property rights any such infringement of trademark can lead a culprit organization or individual pay huge damages. Thus, if someone in bad faith uses, sells, or tries to sell a domain name which does not belong to him is subject to the Trademark Laws and grave liabilities.
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