New Delhi, Aug 26 : Tata Sons, the holding company ofthe 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 Sonshas contended that it is confusingly similar to its 'Tata'brand and the travel portal runner has no rights or legitimateinterests to use it.
In May, Tata Sons had moved the Geneva-based WIPOArbitration and Mediation Center demanding transfer ofdisputed domain name. The company had argued that the siteinfringed the right of its registered trademark/service mark'Tata'.
The WIPO has now ordered the transfer of domain name toTata Sons.
"The impugned website incorporates the Tata's orporatename and registered trademark in full and it proves that it isidentical in part and confusingly similar to its well-knownbrand in which the company has a statutory right," Tata Sonshad said in its complaint.
Replying to the charges, MakeMyTrip had said the usage ofthe word "tata" as a gesture finds its mention in the originof a place called Ta Ta Creek as far back as in the year 1860and denied that the domain in question is confusingly similarto the trade mark 'Tata' of the complainant.
The Gurgaon-based firm stated that "the impugned domainname 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 isapparent that the sole purpose of registering the disputeddomain name is to misappropriate the reputation associatedwith the complainant's well-known and famous trademark Tata."
The Internet site owner has registered a separate domainname (makemytrip.com). According to Tata Sons, both the sitesoffer similar services.
However, MakeMyTrip says both cater to separate class ofpersons. While makemytrip.com offers discounts and easy accessto travel plans, oktatabyebye.com lets these travelers make anonline records about their journey.
The WIPO is a specialised agency of the United Nationsfor developing a balanced and accessible international systemin the field of intellectual property rights.
As per details available with the WIPO, Tata Sons duringthe case had made an effort to settle the issue with theMakeMyTrip, which refused to accept the just demands on thegrounds on "vague reasons.
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