OK Tata bye bye

Q: Doctor, before you performed the autopsy, did you check for a pulse? A: No. Q: Did you check for blood pressure? A: No. Q: Did you check for breathing? A: No. Q: So, then it is possible that the patient was alive when you began the autopsy? A: No. Q: How can you be so sure, Doctor? A: Because his brain was sitting on my desk in a jar. Q: But could the patient have still been alive, nevertheless? A: Yes, it is possible that he could have been alive and practicing law.

even i feel it a shocking decision.

oktatabyebye is not a patent word.I wonder how TATA COMPANY is using english alphabets T A C O M P N Y. Mr.Deer Kalra has to file a suit using the above said alphabets are confusing people. Wait and see for the verdict World Intellectual Property Organisation.

I think Tata has a valid point here and they deserve to fight this case:

 

 

TATA had registered OKTATA.co.in & OKTATA.in domain names back in 2002.

MakemyTrip registered OKTATABYEBYE.com in June of 2005. It is also registered both *.co.in and *.in version in 2006. And it is made as an SEO (Search Engine Optimization point) site too, a terrible mistake!

 

 

Let us see how it turns out in the superior court !!

 

 

How valid is their reasoning by saying:

 

 

"The business of oktatabyebye does not in any way compete with any known Tata Group business. The phrase Ok-Tata-Bye-Bye is a form of greeting and hence connects instinctively to travel."

 

 

They would have made a sincere statement, but surely looks like a conflict as per my opinion!

I think TATA is taking this slightly over the board! Raman, although having a contrary opinion than that of mine,  has posted an important point:

"The business of oktatabyebye does not in any way compete with any known Tata Group business. The phrase Ok-Tata-Bye-Bye is a form of greeting and hence connects instinctively to travel."

First point, according to me is weak given that TATA no doubt is a well known mark and demands stricter protection spanning all classes, however 'OKTATABYEBYE' to me is not confusing or corelating TATA, but confusion and inference is very subjective issue.

To my view second submission by Makemytrip is stronger: the phrase used is infact used in common parlance, and is open for use 'OK TATA BYE BYE'

Another similar case:

 

I agree with Mr. Rajan's opinion !

Another interesting fact tweeted by 'Cleartrip' is that 'MMT' has also cybersquatted on the domain 'clearmytrip.net.in'

 

https://whois.domaintools.com/cleartrip.net.in

 

 

Is it not sufficient to argue that OKTATABYEBYE.* is a bad faith registration ?

 

 

The conclusion about this case I believe on, is that MMT has registered several domain names a few years ago and simply funneling the internet traffic for commercial gain.

 

Please share your thoughts ....