Digital Identity Theft and Online Trademark Fraud in India: Rethinking Cyber Governance at the Intersection of Technology and Intellectual Property

The proliferation of electronic trade in India has changed the notion of commercial identification. Domain names, social networking profiles, electronic store fronts, and electronic identities have become essential factors in verifying legitimacy and origin. Any abuse of such electronic identifications constitutes not only cyber-fraud but also trademark violations. Nevertheless, Indian laws cover these crimes in isolation, namely, under the Information Technology Act, 2000 and the Trade Marks Act, 1999. This paper explores the relationship between digital identity fraud and electronic trademark violation, reviewing the statutes, jurisprudence, and policy considerations, and making recommendations for a unified regulation of digital markets.