A Aizawl website is using my company's trademarked name as its domain. Can I get it taken down?
MA Asked by Manoj Tiwari from India
Quick Answer
File a complaint under Section 66 of the IT Act, 2000 and Section 317 BNS, 2023 for cheating if fraudulent intent is shown, and pursue a domain dispute under the INDRP (for .in domains) or UDRP (for global domains).
Detailed Legal Analysis
File a complaint under Section 66 of the IT Act, 2000 and Section 317 BNS, 2023 for cheating if fraudulent intent is shown, and pursue a domain dispute under the INDRP (for .in domains) or UDRP (for global domains). Send a cease-and-desist notice to the registrant and the registrar.
File a trademark infringement suit before the District Court in Aizawl under the Trade Marks Act, 1999 for an injunction and damages. Preserve WHOIS records and screenshots as electronic evidence under Section 63B BSA, 2023.
Report the domain to the registry for suspension if bad faith is established. If police involvement is needed and they do not act, approach Gauhati High Court under Article 226.
Refer to Mizoram Rent Control Act 2014 for any state-specific commercial court procedural rules.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.