R.R. KRISHNAA (Legal Manager) 16 September 2009

OK Tata bye bye

The Ok-Tata-Bye-Bye controversy - Manu A B in Mumbai

Infringements related to brand names and trademarks are a never-ending story. In the latest dispute over a brand name, the Tata Group has objected to the word 'Tata' used in oktatabyebye.com, a travel community site owned by MakeMyTrip.

Tata Sons, the holding company of the Tata Group, appealed to the World Intellectual Property Organisation against the domain name stating that oktatabyebye.com aims to create confusion in the minds of consumers using the Tata brand name.

Despite MakeMyTrip's efforts to prove its stand, the Tatas won the case, a move described by MakeMyTrip as 'shocking'.

MakeMyTrip concurs that the word 'Ta Ta' is generic and is associated with travel. Tata Sons, however, refused to comment as the case is sub-judice.

Makemytrip will appeal against this verdict in the high court against this verdict.

Justifying MakeMyTrip's stance, Deep Kalra, co-founder of the company, says, "The business of oktatabyebye does not in any way compete with any known Tata Group business. The phrase Ok-Tata-Bye-Bye is a form of greeting and hence connects instinctively to travel.

Viewers can read the detailed information on this issue in www.rediff.com

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7 Replies

Sarvesh Kumar Sharma Advocate (Advocacy) 16 September 2009

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Kiran Kumar (Lawyer) 16 September 2009

even i feel it a shocking decision.

(Guest)

oktatabyebye is not a patent word.I wonder how TATA COMPANY is using english alphabets T A C O M P N Y. Mr.Deer Kalra has to file a suit using the above said alphabets are confusing people. Wait and see for the verdict World Intellectual Property Organisation.

Raman ( ) 17 September 2009

I think Tata has a valid point here and they deserve to fight this case:

TATA had registered OKTATA.co.in & OKTATA.in domain names back in 2002.

MakemyTrip registered OKTATABYEBYE.com in June of 2005. It is also registered both *.co.in and *.in version in 2006. And it is made as an SEO (Search Engine Optimization point) site too, a terrible mistake!

Let us see how it turns out in the superior court !!

How valid is their reasoning by saying:

"The business of oktatabyebye does not in any way compete with any known Tata Group business. The phrase Ok-Tata-Bye-Bye is a form of greeting and hence connects instinctively to travel."

They would have made a sincere statement, but surely looks like a conflict as per my opinion!

Shri (SR. A) 17 September 2009

I think TATA is taking this slightly over the board! Raman, although having a contrary opinion than that of mine, has posted an important point:

"The business of oktatabyebye does not in any way compete with any known Tata Group business. The phrase Ok-Tata-Bye-Bye is a form of greeting and hence connects instinctively to travel."

First point, according to me is weak given that TATA no doubt is a well known mark and demands stricter protection spanning all classes, however 'OKTATABYEBYE' to me is not confusing or corelating TATA, but confusion and inference is very subjective issue.

To my view second submission by Makemytrip is stronger: the phrase used is infact used in common parlance, and is open for use 'OK TATA BYE BYE'

Raman ( ) 18 September 2009

Another similar case:

McDonald's vs McCurry - Malaysia - 8yr old case

If the later were using the name "McDonlad's Curry" then McDonald's would have won the case :) Just using the prefix wouldn't raise any issue over copyright infringement, it seems!

Obviously there is a difference between 'tata' and 'ta ta'. When I google these two words, saw different set of threads! Colloquism is one thing and commercial use of Tata is another thing, this is where intellectual property rights play a big role I believe!

However, please don't mistake me that I am a Tata supporter here. In fact, I use MMT a lot! But I still say, they could have diligently chosen a unique domain name!

Raman ( ) 20 September 2009

I agree with Mr. Rajan's opinion !

Another interesting fact tweeted by 'Cleartrip' is that 'MMT' has also cybersquatted on the domain 'clearmytrip.net.in'

https://whois.domaintools.com/cleartrip.net.in

Is it not sufficient to argue that OKTATABYEBYE.* is a bad faith registration ?

The conclusion about this case I believe on, is that MMT has registered several domain names a few years ago and simply funneling the internet traffic for commercial gain.

Please share your thoughts ....