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Saturday, August 29, 2009

Oktatabyebye.com can't use the word 'Tata'?

I thought that Tata was an English word apart from being the name of the business house controlled by Tatasons. The dictionary link above says that the word Tata has been in use since 1823 and the Tata Sons website uses 1868 as the starting point of their 'heritage'. To my readers from other countries Tata is the same company that now owns Jaguar and Land Rover car brands. It is the same company that owns hotels the Taj Mahal Hotel that came under terrorist attacks in Mumbai. They own a very profitable software company named Tata Consulting Services.

But do they own the English word Tata too? Looks like they think so. They went after Oktatabyebye.com, (owned by makemytrip.com) a travel portal telling that the website can't use the word Tata! Even when the word has been in existence since 1823 much before the company website itself starts talking about its heritage! Here is what Oktatabyebye.com is saying-

Very recently, TATA Sons filed a case against us (oktatabyebye.com) in infringement of their TATA name (as our domain name contains the 'TATA' word!). Tata Sons has contended that it is confusingly similar to its 'Tata' brand and the travel portal runner has no rights or legitimate interests to use it. The company had argued that the site infringed the right of its registered trademark/service mark 'Tata'.

And in a decision by a sole panelist, ownership of the domain OkTataByeBye.com has been awarded to TATA by WIPO (World Intellectual Property Organization) Arbitration and Mediation Centre.

Who would the Tata Sons like to go after next? The kids who say tata to each-other or the non-Tata owned trucks (yes they make trucks too) that write 'tata' at the back of the truck as truck art?

Hope some sense and perspective will prevail in this case and the travel portal Oktatabyebye.com remains the same.

Update 1: Found this news article on the Oktatabyebye issue in TOI.

Update 2: Wrote a mail to the address available from the 'contact us' page of the Tata Sons website voicing my opinion, if I get a reply I will append it here.

Update 3:

tata, oktatabyebye.com, sue, brand, infringement, branding, legal, comic, batata vada,
Fly You Fools - Indian Comics about Life.

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10 Comments:

Blogger Shrinidhi Hande said...

I was thinking about a post on this topic-Good that you did. Not fair on part of Tata Sons

Just wondering will Bharti Televentures (airtel) stake claim for BlogBharti.com and any other site that has bharti?

3:34 PM  
Anonymous Cuckoo said...

I came here to write a strong comment thrashing TATA sons for showing their immaturity in this regard. (I have also written to them.)

But Shrinidhi's comment about Bharti made me smile. Should we take proper steps in advance? Is there any end to it ?

9:10 AM  
Blogger Sangfroid said...

This is plain ridiculous, to say the least. I hope makemytrip wins the case.

10:03 AM  
Anonymous Priyank said...

Oh god... so now we'll be having such silly legal cases in India too?

Maybe Bharat from Ramayana will sue Indian government for using his name as a basis....

11:06 AM  
Anonymous VS said...

Must be some overenthusiastic guy in their legal or IP cell.

1:20 PM  
OpenID ujwala said...

not fair at all! :(

9:34 PM  
Anonymous rocksea said...

hmm!! hope the dictionary-walas don't patent all the words in their dictionaries.. or we would have to find new ones :O

3:08 PM  
Blogger bindu said...

this is ridiculous!

8:34 PM  
Blogger Sidhusaaheb said...

The House of Tata is well within its rights to sue any one who makes commercial use of its registered trademark.

4:50 AM  
Blogger Ms.N said...

well, i have not been on top of this issue to be honest and i am not sure if their claim is justified. but the cartoon does really bring out how ridiculous it could get too :)

nice one!

2:21 PM  

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