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chandoo
The Super Geek
Joined: 08 Sep 2007
Posts: 1926
Gender: 
Location: Lahore
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 Posted: Dec 13, 2007 Topic Views : 394 Post subject: Forget NSFW, in India INTERNET and WEB are Trademarked |
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What the Fark! Forget NSFW, in India INTERNET and WEB are Trademarked
One of the most common short forms used by workers in offices all over the world is NSFW, which stands for ‘Not Safe For Work’. However, it has emerged that Drew Curtis, founder of Fark.com has filed an application with U.S. Patent and Trademark Office for the NSFW label.
This news has sent shockwaves all over the blogosphere, websites and blogs are debating its potential implications and whether if such a generic term can be trademarked. If the trademark is approved, it could mean that Curtis would have a legal option to restrict the use of the term “NSFW” being used. In response to the questions asked about the filing of the application of trademark for NSFW, Drew Curtis citied that he could not give more details as it would give away the whole thing.
The Internet might be debating about the legitimacy of Drew Curtis trademark application for “NSFW”, but in India the word “INTERNET” itself is trademarked and the synonym “WEB” to go along with it.
Though there hasn’t been any highly publicized cases related to the internet and domain name registration in India, we managed to find out some very interesting facts. There have been disputes related to domain names such as youtube.co.in, pizzahut.in, rediff.in and monster.in but what caught our attention is that there have been attempts, some of them successful to trademark even the most commonly used words.
We scanned through the verdicts made by INDRP (In Domain Name Disputes Resolution) Dispute Decisions. First one to catch our attention was realted to “web.in”. Some one had registered the domain name web.in. But then a garments firm filed a case with the INDRP to get the domain name back claiming that he had trademarked the word “WEB” way back in 1998 in the class of hosiery and readymade garments.
They successfully got the domain name web.in transferred to them by claiming that they had trademarked the word “WEB” and the previous owners of the domain name, web.in, were infringing on their registered trademark.
Here is what the conclusion of the arbitrator was:
“I find that the complainant has produced evidence in support of his claim over the mark “web” and that he has been using the said mark since 1998. The said mark being valid under the Indian Law of Trade Marks Act, 1999, the complainant has sufficiently established his rights over the mark web.
I, therefore, hold that the complainant has established his right over the mark “web” and, hence, allow the present complaint in his favour and against the respondent and direct the registry to transfer the domain name “web.in” in favour of the complainant. No order as to costs.”
The other case is even more surprising. This case involves the domain name Internet.in. A person from India filed a suit with the INDRP against an American company who had registered the domain, Internet.in. He alleged that he had trademarked the word ‘INTERNET’ and even had the necessary certificate to prove it. What’s intriguing is that the trademark has been issued in respect of the Tobacco, raw material or manufactured, smoker’s articles, matches included in the class-31.
After a lengthy legal proceeding, the arbitrator gave the following conclusion:
“Domain name may be confiscated by registry and may be kept with it.”
Looking at all this, the Fark case does not seem so baffling anymore, does it!
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