Thursday, November 12, 2009

MakeMyTrip approaches HC against WIPO order favouring Tatas

New Delhi, Oct 2 : Travel portal MakeMyTrip has movedthe Delhi High Court challenging a recent ruling by globalintellectual property regulator WIPO that directed it tohandover domain name www.oktatabyebye.com to Tata Sons.

In its petition, MakeMyTrip submitted that its domain namewww.oktatabyebye.com does not clash with the registeredtrademark of Tata Sons and it had a mere phonetic similarity.

The matter will be again taken up by the court's registraron January 11, 2010.

In August, 2009, allowing the plea of Tata Sons,Geneva-based World Intellectual Property Organisation (WIPO)had consented with its contention that the domain name wasconfusingly similar to its 'Tata' brand and the travel portalhas no rights or legitimate interests to use it.

It also directed MakeMyTrip to transfer domain name to Tata Sons.

"The decision of the panel (WIPO) is causing irreparableharm to MakeMyTrip and is likely to dilute distinctivecharacter of its services and reputation which is likely to bedebased and eroded," said MakeMyTrip in its petition filedthrough its law firm Lal & Sethi.

It further submitted that due to long and continuous useand extensive advertising and sales promotion of the domainname www.oktatabyebye.com, it is exclusively associated withthem.

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