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 corporate 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.