NEW DELHI, JAN 21: Can anyone have exclusive right to use the name of a Hindu God as trade mark?The issue has been brought before the Delhi High Court in a writ by a software company challenging Maruti Udyog Ltd's (MUL) claim over the trade mark `Maruti', another name of God `Hanuman'.Maruti Software Pvt Ltd (MSPL), in a writ, has challenged a recent decision of Switzerland-based international arbitrator World Intellectual Property Organisation (WIPO) quashing the registration of domain name marutionline.com by it with US Network Solution Inc on the grounds that `Maruti' is a trade mark of MUL.Justice Vijender Jain, while issuing notice to MUL, had stayed implementation of the WIPO order and directed MUL to file its reply by April 25, 2001, the next date fixed for hearing of the case.WIPO had ruled that the domain name `marutionline.com' was identical or confusingly similar to the service mark of the Automobile company.MSPL counsel Anel Sirohi contended that his client was engaged in software development, web designing and computer hardware, which was entirely different from the MUL's field - the automobile sector. There were no resembling similarities between the two, he said.``This case in all probability appears to be the first of its kind before the Indian courts concerning domain names where the business activities of the parties are different,'' Sirohi contended.After MSPL had registered the domain name, Maruti had led a complaint with WIPO, on August 12, 2000, and its sole panelist Maninder Singh deciding the case in favour of MUL on November 16 directed the softwere company to transfer the registration right to the auto major.Citing a similar case involving the trade mark `Yahoo', which was decided by the High Court in favour of Yahoo Inc, the MSPL said, ``In the present case, the classes of activities under which both the parties are registered under the Trade and Merchandise Act are different and therefore there is no case for transferring the domain name.''Sirohi said Maruti is a name of an Indian God (Hanuman) and the word `Maruti' is commonly used in peoples' name in India and it is not exclusively associated with the Maruti Udyog Ltd.He also cited an earlier case between MUL and Tela Rao, where WIPO itself had decided the case related to registration of domain name `maruti.com' against the automobile company.The WIPO verdict in a similar case between MUL and Praveen Kumar, relating to registration of `mymaruti.com' had also gone against the auto major, Sirohi claimed.``Registration of the domain name `marutionline.com' by MSPL is neither in bad faith nor for illegal commercial gains at the cost of any other party, more particularly the MUL,'' Sirohi argued.
