Indian MDH loses to Pakistani MDH in website dispute case

Last Updated: Wednesday, September 2, 2009 - 16:27

New Delhi: Leading masala-maker Mahashian Di Hatti Ltd, popularly known by its brand name MDH, has lost a website address dispute case against a Pakistani firm engaged in a similar business at the World Intellectual Property Organisation.

Mahashian Di Hatti had approached the Geneva-based WIPO
Arbitration and Mediation Center objecting the ownership of an
Internet site `mdhfoods.com` by Pakistan`s MDH Food Company.

The Indian firm contented before the Center that disputed
domain name is identical and confusingly similar to its MDH
mark, since it incorporates the mark in its entirety and the
addition of "foods" does not detract from its distinctiveness.

The Pakistani firm has no rights or legitimate interests
in the disputed domain name since the complainant (here Indian
firm), as the prior user and hence the lawful owner of the
mark, has not licensed or otherwise permitted MDH Food Company
to use it, it further said.

The Indian company successfully established the fact
that the site `mdhfoods.com` is confusingly similar to its
mark, but failed to establish the absence of rights or
legitimate interest in the domain name on the part of the
respondent.

In its order dated August 19, WIPO`s sole panelist --
Alan L Limbury -- "denied" the complaint of Mahashian Di Hatti
Ltd.

Bureau Report



First Published: Wednesday, September 2, 2009 - 16:27

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