[Air-L] Domain Names, Web 2 and Tata Sons
mridula at gmail.com
Fri Aug 28 23:45:37 PDT 2009
Tata Sons (owners of the Jaguar and the Land Rover Brands among many
others) are objecting to the use of word Tata in a community based web
portal (owned by a company makemytrip.com) named Oktatabyebye.con and a
*In May, Tata Sons had moved the Geneva-based WIPO Arbitration and Mediation
Center demanding transfer of disputed domain name.*
The web portal has made the following
*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.
Needless to say we’re alarmed by such claims on our domain name. The
Oktatabyebye.com domain name is importantly a representative of the
colloquial “OK Ta Ta Bye Bye”, which represents travel, journey and related
activities, referring to the generic word “Ta Ta”.
We all regularly use the terms for travel & goodbyes in our country and
across many others. *
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