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Old 28th August 2009, 11:43   #1
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Default Tata Sues oktatabyebye.com for using the term "tata"

"Tata Company has sued oktatabyebye.com for using the word tata". I just could not believe it till I read more about it. As posted by someone in the oktatabyebye.com site, what if someone books a site batatavada.com. Bata will also sure them and so will Tata

This was outright funny but a serious hidden message that big companies have all the time and power to use things in the direction that can suddenly hit common people like us .. and it might at times hurt, big time, unless all of us stand together as one unit against them with whatever we can.

Read more about them and support them over here

An appeal needs for your support - Share your opinions: Oktatabyebye.com
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Old 28th August 2009, 11:52   #2
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Default Tata takes oktatabyebye from MakeMyTrip

Tata takes oktatabyebye from MakeMyTrip - Internet-News-Indiatimes - Infotech

Quote:
NEW DELHI: Tata Sons, the holding company of the Tata Group firms, has won a case at the World Intellectual Property Organisation against the tr
avel portal, MakeMyTrip, which has been using the term 'tata' in one of its website, 'oktatabyebye.com'.

Gurgaon-based mmt admin (commonly known as MakeMyTrip) has been using the domain name 'oktatabyebye.com'. 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.

In May, Tata Sons had moved the Geneva-based WIPO Arbitration and Mediation Center demanding transfer of disputed domain name. The company had argued that the site infringed the right of its registered trademark/service mark 'Tata'.

The WIPO has now ordered the transfer of domain name to Tata Sons.

"The impugned website incorporates the Tata's orporate name and registered trademark in full and it proves that it is identical in part and confusingly similar to its well-known brand in which the company has a statutory right," Tata Sons had said in its complaint.

Replying to the charges, MakeMyTrip had said the usage of the word "tata" as a gesture finds its mention in the origin of a place called Ta Ta Creek as far back as in the year 1860 and denied that the domain in question is confusingly similar to the trade mark 'Tata' of the complainant.
Here is an appeal from oktatabyebye.com to its users to support the website - An appeal for your support - Share your opinions: Oktatabyebye.com

Quote:
A very strange time is upon us…

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.

Would you say it is bizarre, that a word, in as generic use as, 'Ta Ta' used in our domain name, could infringe anyone's copyright and cause confusion? Or that oktatabyebye.com, the way it has been or is, in anyway by bad intention, or otherwise, causes confusion with TATA sons?

As you well know your traveller network on OkTataByeBye.com is a legitimate business as a travel community. Please help preserve rights of the Okatatabyebye.com domain name that has today built into a credible and useful property with support & contributions from thousands of travel lovers like yourself.

We will appeal in the Delhi High Courts within the next ten days.

Please do write your opinion on the matter so that things can be set right.

Thank you, we will keep you updated with the progress.

Request you to forward this by email to friends so that we can gather more support. Your actions will help the cause immensely.

Last edited by Jaggu : 28th August 2009 at 12:04. Reason: Please use Search before opening a new topic. Thanks
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Old 28th August 2009, 12:11   #3
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In that case shouldn't TATA be suing matata.com or satata.com also?
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Old 28th August 2009, 13:00   #4
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Understand the argument. But unfortunately the 'tata' in 'oktatabyebye' comes from the brand Tata unlike tata in 'batatavada'. Is that not a very crucial point?
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Old 28th August 2009, 13:06   #5
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lol tomorrow they might sue me for saying "ta ta" as in bye bye. Ridiculous to say the least.
Range Rovers not selling eh....?
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Old 28th August 2009, 13:35   #6
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These domain name wars are always funny and interesting. IIRC, Microsoft once had a problem with the name 'mikerowesoft' or something like that.

On a side note, oktatabyebye could mean 'OK, Tata. Bye Bye'. May be that's what caused this!

Last edited by safari_lover : 28th August 2009 at 13:36.
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Old 28th August 2009, 13:54   #7
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Quote:
Originally Posted by safari_lover View Post
These domain name wars are always funny and interesting. IIRC, Microsoft once had a problem with the name 'mikerowesoft' or something like that.
Here it is. Microsoft vs. MikeRoweSoft - Wikipedia, the free encyclopedia Hilarious.

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Originally Posted by safari_lover View Post
On a side note, oktatabyebye could mean 'OK, Tata. Bye Bye'. May be that's what caused this!
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Old 28th August 2009, 14:07   #8
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Should have used that domain to showcase certain Tata vehicles. Tanveers ride comes to mind, quite easily.
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Old 28th August 2009, 14:24   #9
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On a related note, 'OK TATA' is a monthly/quarterly magazine for TATA commercial vehicle owners published by TATA itself.
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Old 28th August 2009, 15:33   #10
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Quote:
New Delhi: Tata Sons, the holding company of the Tata Group firms, has won a case at the World Intellectual Property Organisation against the travel portal, MakeMyTrip, which has been using the term 'tata' in one of its website, 'oktatabyebye.com'.

Gurgaon-based mmt admin (commonly known as MakeMyTrip)has been using the domain name 'oktatabyebye.com'. 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.


In May, Tata Sons had moved the Geneva-based WIPO Arbitration and Mediation Center demanding transfer of disputed domain name. The company had argued that the site infringed the right of its registered trademark/service mark 'Tata'.

The WIPO has now ordered the transfer of domain name to Tata Sons.

"The impugned website incorporates the Tata's orporate name and registered trademark in full and it proves that it is identical in part and confusingly similar to its well-known brand in which the company has a statutory right," Tata Sons had said in its complaint.

Replying to the charges, MakeMyTrip had said the usage of the word "tata" as a gesture finds its mention in the origin of a place called Ta Ta Creek as far back as in the year 1860 and denied that the domain in question is confusingly similar to the trade mark 'Tata' of the complainant.

The Gurgaon-based firm stated that "the impugned domain name is derived from the common parlance "OK Ta Ta Bye Bye" since it signifies travel, journey and related activities.

But in its argument at the WIPO, Tata Sons said, "it is apparent that the sole purpose of registering the disputed domain name is to misappropriate the reputation associated with the complainant's well-known and famous trademark Tata."

The Internet site owner has registered a separate domain name (makemytrip.com). According to Tata Sons, both the sites offer similar services.

However, MakeMyTrip says both cater to separate class of persons. While makemytrip.com offers discounts and easy access to travel plans, oktatabyebye.com lets these travelers make an online records about their journey.

The WIPO is a specialised agency of the United Nations for developing a balanced and accessible international system in the field of intellectual property rights.

As per details available with the WIPO, Tata Sons during the case had made an effort to settle the issue with the MakeMyTrip, which refused to accept the just demands on the grounds on "vague reasons."

Bureau Report

source :*OK TATA, Bye Bye MakeMyTrip



1) MakeMyTrip is a medium size company not some Common person.
2) Tata made an effort to settle the with MakeMyTrip outside of WIPO, and MakeMyTrip declined.
3) TATA is Tata Son's registered trademark.


* 4) Tata in following logo* *is lot similar to Tata in.


5) According to Bhpian above Tata Motors also own a Magazine called "OK TATA" and they might have also registered it as TM.


6) Tata Sons also own India Hotels, so they have interest in Hospitality business.


Tata being present in Hotels(Travel) business, and OKTATABYEBYE is used by Travellers it seems MakeMyTrip was trying to pose itself as one of Tata Sons many companies. They already own a very well known portal called MakeMyTrip.com and they could have transferred the OKTATABYEBYE portal to Tata for some money, but they didn't do that.


Therefore no one is being trampled on.*
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Old 28th August 2009, 16:13   #11
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Next time I'd better careful when i say Tata bye bye, i might get sued by the TATA guys. Frankly this is taking things too far IMO.
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Old 29th August 2009, 16:31   #12
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Deja vu. Almost exactly a decade ago, the Tatas had contested and won an injunction against a website that dared to trivialise the noble name of India's premier industrial heavyweight. The only problem was that the court was in Delhi and the website owner in New Jersey didn't give a fig. The website in question? www.bodacious-tatas.com.
PS: The site seems to have expired and is, as it stands, work-safe. In other words, there's nothing to see there now.
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Old 29th August 2009, 16:52   #13
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OK TATA BYE BYE

this term is commonly used by truck\bus drivers on their vehicles(non tata too),usually painted at the back.

now will TATA sue all of them too
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Old 29th August 2009, 16:55   #14
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Hakuna Matata !!

Will they sue The Lion King now ??
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Old 29th August 2009, 17:11   #15
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I think it is ridiculous to say the least, unless the site was hosting content to degrade TATA's brand name or products.
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