The domain name conflict is getting interesting. As I had been
discussing in a seminar in Mumbai(Bank Technology Seminar 2000) last year around this time, Maruti Suzuki
has laid its claim to the name "Maruti" by claiming the rights for the
domain name www.marutionline.com now held by another
company, Maruti Software Pvt ltd in Delhi.
It is not strange that WIPO has already ruled in favour of Suzuki. It is
however a great relief that the Delhi High Court has given an interim stay on
the WIPO order and posted the case for hearing on April 25.
It is clear to every body in India that Sanjay Gandhi himself was motivated
by Lord Hanuman a highly popular God in India when he named his car after
him. It was this company which is presently in the hands of Suzuki.
(For the sake of international readers, let us give a brief introduction
to Maruti a mythological character in Indian epics of Ramayana and Mahabharatha.
According to these sacred epics, Hanuman is an immortal God who served
Lord Rama in his times and survived to guide Arjuna during Lord Krishna's
avatar. Being the son of Vaayu the God of Wind, Hanuman was not only
one of the most powerful persons in Indian mythology but was
also endowed with the power of flying. He crossed the Indian Ocean to Lanka in search of Sita the
wife of Rama in the epic.
Indians believe that the character
of Superman was derived by the western world out of the character of Hanuman.
If therefore any copyright infringement is claimed in any Indian court, against the owners of "Superman" trademark,
the possibilities are extremely high that the court will hold the Superman
concept as a direct lift from Ramayana stories.
To be more specific for
the international audience, claiming a trademark right over "Maruti" is
like claiming a right over "Christ" or "Allah" or "Buddha" ).
To rule the name Maruti as a Copyrightable word in English is therefore not only
the height of foolishness but will also be considered irrational and insulting
for the psyche of Indians. It is appalling and shameful that WIPO does not
know the meaning of "Maruti" but has proceeded to pass a verdict on the copyright.
Even the Indian officials of Suzuki who applied for such a verdict should be considered
ignorant of the implications.
The case is worth being held out as an example of how ridiculous the
extension of Trade Mark Rights on Domain names can be. I see this as the beginning
of the end of the reign of the Trademark owners.
Kudos to the Delhi high Court for ruling against the WIPO. Let's hope
that the Court will not bend down to any pressures from the more affluent
Suzuki as against the less endowed Maruti Software Pvt Ltd. The whole of
India respecting Lord Maruti and the whole of the world respecting the supremacy
of Cyber Rights over the Trade Mark rights (regarding the domain name) will be behind Maruti Software
in this land mark case.
