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High Court stays WIPO ruling on marutionline.com 

UNITED NEWS OF INDIA  
New Delhi : The Delhi High Court has issued notice to Maruti Udyog Limited (MUL) on a petition seeking quashing of November 16 last year's order of the Switzerland-based World Intellectual Property Organisation (WIPO) on a dispute relating to Internet domain name marutionline.com.

Justice Vijender Jain also granted interim stay to Maruti Software Pvt Ltd, an alleged cybersquatter, who appealed before the High Court against him being evicted from the Maruti Suzuki Website by the Geneva-based online court.

It is for the first time that the question of jurisdiction over the Internet has been thrown before the High Court, said petitioner's counsel Mr Anel Sirohi. The case will come up for hearing on April 25.

In the normal course, WIPO's orders are honoured by network solutions Inc which allots dotcom domain names to clients on its servers stationed in New Jersey, the United States. After WIPOo passes the order, the company transfers the ownership of domain name to the deserving party.

Mr Sirohi argued before the court that Maruti is the revered name of Hanuman God in Hindu mythology and cannot be converted into an exclusive trademark by some car manufacturer.

Moreover, there is no clash of business interest in using the same trade name as the business activities of both parties are different. The appellant Maruti software is engaged in Web designing and software development while Maruti Udyog is making cars.

Alleging that WIPO's order in this case was flawed, Mr Sirohi told the court that, on earlier occasions, it had decided against one Mr Tela Ram over the Website maruti.com. Similarly, the case Maruti Udyog versus Praveen Kumar was also decided against the former over the ownership of mymaruti.com.

Copyright © 2001 Indian Express Newspapers (Bombay) Ltd.

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