Before going in detail I have to tell you what is domain squatting. Domain squatting is registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. Now the question is whether the following case a domain squatting?
Let us analyse the situation. Click on
Airtel.in. You will be taken to India's popular cellular service provider
Airtel. Airtel is largest cellular service provider of India with more than 79 million subscribers as of November 2008. Now click on
Airtel.com. You will be navigated to
Vodafone Spain site. It may be a
Spanish, where
Airtel has no service, it still is the competitor’s website.
Airtel has tough
compitition with
Vodafone in India. Whoever types
Airtel.com and looks for
Airtel detail he will be taken to
Vodafone's website.
Vodafone gets free traffic from
Airtel.
What could be legal action? Before tell it I should also inform how I can write about this. I am a student of Post Graduation Diploma in
IPR Laws in National Law School of India University, Bangalore. Now come to the case. By the definition of Domain squatting or
Cyber squatting, if domain name
Airtel.com is registered with bad faith intent to profit from the goodwill of a trademark belonging to someone else that is well established
Airtel, then
Vodafone could be asked to transfer the domain name according to the
WIPO Uniform Domain Name Dispute Resolution Policy.
WIPO takes care of transfer of domain names to the true trademark owner.
But this case is quite different. Look at this information:
Domain name: AIRTEL.COM
Host IP 212.73.32.153
Created on: 1998-12-15
Updated on: 2008-09-29
Expires on: 2009-12-14
Registrant Name: AIRTEL MOVIL, S.A.
Contact: AIRTEL MOVIL, S.A.
Technical Contact Address: Psg. Lluis Companys, 23
Technical Contact City: Barcelona
Technical Contact Postal Code: 08010
Technical Contact Country: ES
Contact Phone: +34 935074360
Contact Fax: +34 933102360
The domain name is registered very long back in 1998, when cellular service called
Airtel was there in Spain. But later it is acquired by
Vodafone and they took the advantage and started redirecting the traffic from
Airtel.com to their Spanish site. So
Airtel-India can not do anything on this issue. But the domain name
Airtel.com will get expired on 14 Dec 2009. Hope
Vodafone will not re-
registeres the domain name and continue to use it.
What happens if
Vodafone re-
registeres Airtel.com even though now it does not own trademark
Airtel? I have to ask our lecturer,
IPR expert, advocate J
Suresh to answer this question. If you know the answer you are free to write a comment.