WIPO Once Again Sides With Trademark Holder Over Common Sense

from the ta-ta-wipo dept

Tue, Sep 15th 2009 8:45pm — Mike Masnick

The phrase "ta ta" is a well known way of saying goodbye. So, it was a cute idea for an Indian online travel site to use the domain name OkTaTaByeBye.com. Except... of course, one of the biggest companies in India happens to be called Tata. So, of course, the Tata corporation went to WIPO complaining of trademark infringement. And WIPO, as it almost always seems to do, sided with the big company, and said that the domain name infringes (thanks, stat_insig). The travel site is planning to appeal, and hopefully whoever hears the appeal will recognize that the site is pretty clearly not associated with Tata. Still, it's yet another example of a big company thinking that its rights extend quite far.

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Filed Under: domain name, trademark
Companies: tata, wipo

8 Comments

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Anonymous Coward, 15 Sep 2009 @ 9:42pm

This is kind of a stretch. The domain name oktatabyebye.com is clearly registered to an India. He should have known it would get their attention.. but opted to use it anyway.
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- Chargone (profile), 16 Sep 2009 @ 12:00am
  
  Re:
  please tell me you don't actually believe that? please?
  
  sanity check?
  
  oktatabyebye.
  
  tata.
  
  that's like ... someone named 'mous' doing you up for trademark infringement for being anonymous. it's just dim. they're entirely different 'words'
  
  actually, it'd Almost be understandable if it were just tatabyebye or oktata. but oktatabyebye is a Real stretch :S
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Lynn Dixon (profile), 16 Sep 2009 @ 3:57am

BIg companies dont always win :)
This story is kinda rediculous. I have won a WIPO case against a huge company, Lock-heed Martin. Can the author please post a link to the WIPO decision?

WIPO doesnt always decide in the favor of the trademark holder. Take a look at my case:
http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0045.html

I actually won the case against lock-heed. AND, I am by no means a large company.
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Ta Tas, 16 Sep 2009 @ 5:15am

Bodacious
Women everywhere are not amused
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david touve, 16 Sep 2009 @ 5:25am

Tata vs. ta ta
The Tata corporation got its name from the first founder, whose last name was Tata (Jamsetji Nusserwanji Tata). That was in the middle to late 1800's. As such, the story may be a bit more complicated than a company naming itself after a common phrase for farewell. Not certain if you new this bit of information.
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kilroy, 16 Sep 2009 @ 7:24am

I agree; the last thing I think of when I hear "ta ta" is some corporate entity (notice how I slipped that in there too although I'd have to add an extra "T" to make it obvious ) in India. Nope I think of the subject that is nearest & dearest to my heart ... I think "bosoms" buddy.

I could probably go on and on about things like breaking out the "big guns" and such, but this comment isn't really adding any value to the discussion. Then again - I'm Male - I am easily distracted by anything that involves ... boobs - like lawyers for companies that have nothing better to do than file asinine trademark infringement lawsuits.
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Lawrence D'Oliveiro, 16 Sep 2009 @ 6:04pm

Pot ... Kettle ...
When I was younger, I remember seeing a few Tata trucks, which looked identical to Mercedes-Benz 911 trucks. I think they were manufacturing the copies under licence. The only obvious difference was the logo, where instead of the three-pointed star, the circle contained a letter “T”—basically just straightening the top two points of the star.

I wonder how they got away with a logo so infringingly close...
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Zak Muscovitch (profile), 19 Sep 2009 @ 4:23pm

Ta Ta, Tisk Tisk
When the Respondent doesnt select a three member panel the odds of them winning (for a variety of reasons) decrease. I look forward to reading the outcome of the court case.
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