Indian MDH loses to Pakistani MDH in website dispute case
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Last Updated: Wednesday, September 02, 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 02, 2009, 16:27


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