Indian MDH loses to Pakistani MDH in website dispute case

New Delhi, Sep 2 : Leading masala-maker Mahashian DiHatti Ltd, popularly known by its brand name MDH, has lost awebsite address dispute case against a Pakistani firm engagedin a similar business at the World Intellectual Property Organisation.

Mahashian Di Hatti had approached the Geneva-based WIPOArbitration and Mediation Center objecting the ownership of anInternet site 'mdhfoods.com' by Pakistan's MDH Food Company.

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

The Pakistani firm has no rights or legitimate interestsin the disputed domain name since the complainant (here Indianfirm), as the prior user and hence the lawful owner of themark, has not licensed or otherwise permitted MDH Food Companyto use it, it further said.

The Indian company successfully established the factthat the site 'mdhfoods.com' is confusingly similar to itsmark, but failed to establish the absence of rights orlegitimate interest in the domain name on the part of therespondent.

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

The disputed domain name was registered on February 21last year. The website offers spices and food products.

In its argument before the WIPO Panel, the Pakistanienterprise denied all the claims of the Indian firm and saidit has been selling masala and food products in Pakistan since1984 under the name MDH, which stands for Muhammad Dawood Hassan Food Company.

MDH Food said "in Pakistan its name MDH is unique,sovereign, autonomous, special, independent and commonlyknown."

The WIPO is a specialised agency of the United Nationsfor developing a balanced and accessible international systemin the field of intellectual property rights. The complaintwas filed with the WIPO Center on June 26, 2009.

The complainant (India's MDH) was founded in 1913 as asmall shop in Sialot, now in Pakistan, selling spices underthe name Mahashian Di Hatti, which in Punjabi means "the shopof the Magnanimous."

After the partition of India, the firm moved to Delhiand has since grown substantially, selling spices andcondiments under the logo MDH around the world, includingunder the domain name 'mdhspices.com'.

But because of trade restrictions between the twocountries, it does not sell into Pakistan.

The enterprise has registered trademark rights in thelogo MDH in many countries and the distinctive feature of thatmark is the letters MDH