The Bombay Stock Exchange is fighting for ownership over the word ‘sensex’. First Jigar Vikramsey registered the domain ‘sensex.in’ contending that it was a widely used word and no one person could lay claim over it. Business analyst, Deepak Mohoni claims that he was the one who coined the word and has objected to the Registrar of Trademarks issuing a certificate in favor of BSE. He has also filed a suit in Pune against BSE.
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.