Wadia Ghandy assists BSE in fight for IP rights to 'sensex'

Bar&Bench News Network

Sep 17, 2009

Adding to the slew of high profile intellectual property disputes in the news, the Bombay Stock Exchange ('BSE') is now fighting for ownership over the word 'sensex'.

First it was Jigar Vikramsey, who registered the domain 'sensex.in'. After an arbitrator ruled in the favour of BSE, Vikramsey appealed to the Bombay High Court. It was his contention, that the word 'sensex' is a widely used word, and no one person could claim monopoly over it. The High Court upheld the arbitrator's award and stated that the domain name was misleading and similar to 'sensex', a mark owned by BSE.

Now, Deepak Mohoni, a business analyst, claims to have coined the term 'sensex' in 1989 when he was a columnist for leading newspapers. The alumnus of IIT - Kanpur and IIM- Calcutta claims that BSE only started using the word almost 6 years hence. Mohoni has filed an objection before the Registrar of Trademarks in BSE's application to register 'sensex', and also filed a suit in Pune.

Ms. Mary Lou Bilawala, Partner at Wadia Ghandy advised BSE. She however refused to comment without obtaining BSE's approval. Ranjan Nehru of Pune based Nehru & Co., is advising Deepak Mohoni. He was not available for comment. 

 

 

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Comments(3)
  • 1. "The BSE "Sensex" case is another case where descriptive trade names continue to be asserted. The word means "Sensitive Index" is descriptive of the services of stock and share trading and it is unlikely it will survive the axe of the Law. BSE needs to show whether Sensex has "acquired distinctiveness" through use in the last few years to strengthen it's case for registration,in the absence of which it may not be enforced. BSE needs to take a lesson from Stock indices with names like Nikkei, FTSE,NASDAQ on this point. ". ASHISH GOSAIN, LONDON
  • 2. "Thank you for sharing. Not to many people in your position are so gracious. Your article was very poignant and understandable. It helped me to understand very clearly. Thank you for your help.Link" title="share market">share market". Share Market, Bhopal
  • 3. "Thank you for sharing. Not to many people in your position are so gracious. Your article was very poignant and understandable. It helped me to understand very clearly. Thank you for your help.Link" title="share tips">share tips". Share Tips, Bhopal
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