A Thane website is using my company's trademarked name as its domain. Can I get it taken down?
SA Asked by Sanjay Mishra 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 Thane 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 Bombay High Court under Article 226.
Refer to Maharashtra Rent Control Act 1999 for any state-specific commercial court procedural rules.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.