Update: MakeMyTrip is seeking support for OkTaTaByeBye.
Update: What is that they say about people who live in glass houses? Via Twitter, Cleartrip informs us that MakeMyTrip owns Cleartrip.net.in. Unlike Ta ta, I don’t think Cleartrip is a generic, is it?
Update: MakeMyTrip is going to appeal against the order, CEO Deep Kalra has told MediaNama, adding that ”Ta ta is a generic that everyone understands.” Strangely enough, there is no appeals process at WIPO, so MakeMyTrip will file an appeal in India to stay the transfer of the domain name.
Original Story: Strange though it may appear, it looks like MakeMyTrip will have to bid ta ta adieu to its travel community brand OKTATABYEBYE.com: Tata Sons, one of India’s largest business conglomerates, has been given ownership of the domain OKTATABYEBYE.com by the WIPO Arbitration and Mediation Center. The decision in favor of Tata Sons was taken by a sole panelist: Indian lawyer Pavan Duggal.
Tata’s Complaint
Tata Sons had contended that the domain name oktatabyebye.com included the word TATA, and infringed on the registered trademark: that there is a scope of confusion in the minds of consumers. They beleive that the registrant has no rights or legitimate interest in the domain name since it hasn’t been licensed to or granted permission by Tata Sons, and the company in question is commonly known as MakeMyTrip, not OkTataByeBye.
MakeMyTrip’s Response
MakeMyTrip responded saying that oktatabyebye.com, their online travel community is different from its ticketing and services, and allows users to create travel blogs, recommendations, reviews etc; more importantly, the domain is representative of the colloquial “OK Ta Ta Bye Bye”, which represents travel, journey and related activities, referring to the generic word “Ta Ta”. Hence it doesn’t infringe on the trademark.
The Verdict
According to the filing, Duggal visited OKTATABYEBYE, and noticed that the monetization of the community, through hotel bookings and advertisements was from MakeMyTrip; he has observed that The purpose of utilizing the domain name oktatabyebye.com appears purely to funnel Internet traffic and thereby bring it to the website “www.makemytrip.com” for commercial gain.
After citing other rulings of cases, particularly those related to Nokia, where registered trademarks were transferred to the complainants, the panel ordered that the domain name be transferred to the Complainant – Tata Sons.
Our Take
Ta Ta is colloquial for farewell, and I don’t think MakeMyTrip intended to use the registered trademark of the TATA group in the OKTATABYEBYE. Secondly, there’s nothing wrong with trying to monetize a travel community via an affiliated business like MakeMyTrip: given Duggals experience with the Internet domain, he should know that. Would he fault Google for monetizing Blogger with Google Adsense? I disagree with the verdict and find it strange that the Tata Sons should even try to get this domain back. Wonder if they’ll ask singer Tata Young to change her name next.
We’ve written to MakeMyTrip CEO Deep Kalra for inputs on what they plan to do following this verdict OKTATABYEBYE.
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47 Comments until now.
Tata young's dad indeed named her after Tata.
Quite strange decision??
Hey,
It's totally wrong man . Zabardasti hai Zabardasti hai Zabardasti hai Zabardasti hai
There's nothing wrong with "oktatabyebye". Tata is being paranoid about nothing
MakeMyTrip isn't trying to confuse people into buying MMT brand of cars/trucks/steel/electricity/cellphone/AC/insurance etc. etc. etc. Looks like plain absurdity to me. "Ta ta" means goodbye in several languages across the world.
Tata is eyeing the Indian market to launch XENON soon, an all terrain pickup truck in India. Possibly they want to use OKTTBB domain as a blog to create brand awareness. Looks like they are into some business.
as of now , we should not be saying TA TA ( bye ) to anybody coz we might be penalised for the same….crazy verdict ….sole panelist taking a decision without any representation from MMT…
This is really absurd and not expected from an organization of TATA's stature. Ta ta is a generic word and more related to the OKTATABYEBYE's travel context and no where related to the business of TATA group as well.
From what I read here, I think what Duggal meant was that the words 'TATA' helped search engines bring traffic to this site. If that is the case then TATA do have a good reason to say its infringement of their copy right, because its their brand that's bringing this portal the traffic it needs.
Also, even very generic terms can be registered as trademark due to long standing usage and goodwill..and once registered, others cant use it arguing it is a generic term.
" TaTa" is a generic term and anybody should be allowed to use it. If it forms a part of another work it cant be discard ed just by a panelist . if this is the scenario tatasons need to go after lot of words & company in world .
@Sanjukta – its not tata.com or tata.in or tatahurr.com etc.. its oktatabyebye which has significance related to travel – and goodbye .. regarding search engines traffic check http://lmgtfy.com/?q=tata .. have you found the okttbb link in any top pages .. if not – than bring traffic to okttbb by searching tata .. doent' make sense ..
in case MMT is building SEO for keyword TATA or bidding for SEM traafic for keyword tata .. than only i think its bad on MMT's part !!
Absolutely ridiculous.
I dont think even 1 visitor to oktatabyebye.com goes to their site because the domain has the word tata in it.
Sanjukta,
Duggal wrote that oktatabyebye had links that drove traffic to makemytrip. That, to Duggal, is part of the problem.
If the arbitrator was a journalist his editor would fire him for this research.
Excellent answer Piyush. People(s) needs to understand the ABC of internet and e commerce….i am totally unable to understand how use of "TATA" in a domain name like oktatabyby can be stopped with such a silly logic!!!
Seems like some lawyer within Tata desperately needed to justify his/her salary!
Don't think that this is a valid reason given by TATA's
Like everyone else, I also agree that there is nothing wrong on MakeMyTrip to have this domain…
weird decision…
@rungss on Twitter..
I think if TATA sons targeting Oktatabyebye.com, then they should also target the trucks and autos also as U can see this word everywhere and anywhere :)
OKTATABYEBYE.com is MakeMyTrip.com baby and no when can take it from them. :)
Await the Tata police clamping down on common goodbyes at numerous railway stations across India….
@ Nikhil…
Update no. 2: Deep Kalra told Medianama …Medianama is hyperlinked to MMT !!
Non internet companies trying to justify or claim domain names popular with the regular masses to get a ready made audience/user base is bad brand building activity. Looks like next gen domain wars have begun.
ridiculous!! if that is case then tata sons should drop Nano because this term is registered by Apple!
By this logic "OK" is a brand of detergent soap owned by Hindustan Unilever, and HUL should promptly demand ownership of the domain. Not sure why Tata would want to react like this.
@Saurabh Nanda.. did you mean to hit at me, that 'some lawyer' is me? Sigh! how I wish I had a job with a brand as big as TATA, but no sadly am just an ordinary real estate lawyer soon to quit :)
I never said I know how search engines work. I said if this is the case — in case MMT is building SEO for keyword TATA or bidding for SEM traafic for keyword tata — then TATA has a right.
from the verdict:
"Thus, the Complainant has demonstrated to the satisfaction of this Panel that the domain name is confusingly similar to a trademark in which it holds rights."
Did anyone even think of Tata Sons when they saw that url oktatabyebye??
"It is apparent that the Respondent registered the domain name <oktatabyebye.com> for the purpose of capitalizing on the Complainant’s trademark TATA and profiting from the global goodwill that the Complainant has built up in its trademark."
Seems to me, MMT would have done better using "TATAtrips.com" or something similar if they wanted to capitalize on TATA.
This is ridiculous ! Hope someone reminds TATA that 'Safari' is something related to Travel as well as a Browser, there is a lot of commercial use of this word and they should try and focus on that ie commercial application of the brand/words.
I do not think OKTTBB has ever used the word TATA commercially to attract visitors – i mean who would search for TATA and land on to OKTTBB ?? Even if they would have done, what % of revenue is generated out of it ? How many visitors have come ?
Agree TATA's case is stupid. Using same logic, Apple shud sue Tata for using WORLD FAMOUS brand names 'Nano' and 'Safari'.
Btw, why did Makemytrip buy cleartrip.net.in domain? MMT will losing credibility in their appeals, cleartrip itself can sue MMT now.
Check this: http://whois.domaintools.com/cleartrip.net.in
Actually need free website for their advertisment. This is cheapest way of Tata business strategy. Fuck off.
ehm airtel was a spanish co bought by vodafone..
You have to see how pathetic and flawed the domain regulations in India are. Internet.in was awarded to someone because they had a trademark on the word internet… Similarly for jobs.in as well! FAIL!
Mohak: this isn't an Indian decision – it's one by WIPO
What if Bharti televentures claims ownership on everything that has Bharti- like blogbharti and others
ta-ta is way of bye bye which as kids we all have learnt. I don't think this was justified. You can support oktatabyebye.com at http://www.oktatabyebye.com/support-us/Appeal.asp...
Tatas are using Sierra as model name when it was already used by other car makers ? what shoud those company do to Tata , the panelist should think on this also .
WIPO isn't Indian.. it's a granddaddy international org.
Since you've used "I'mSoNetCoolLingo", I'll reply in kind —
Mohak, in essence – Your comment = FAIL
Tata should know that had used the name Globus ( the world famous Globus family of brands has been providing a variety of vacations that address the needs of today's diverse traveler with unparalleled vacation experiences, full of discovery and insight. ) , in bringing out their brand and infringed on the registered trademark: to make the bus popular as TATA GLOBUS , since both are related to travel industry ……….its the biggest crime . what will WIPO say on this …….
oops just heard the RJ on Radiocity say OKTATABYE BYE is it infringment? Hey MMT you can sue Radioone now :)
Have a question for the single member panel of WPO, do they know that "Ta ta" is a common term for "bye" all over the world?
And one question for Medianama (and also the) "Panel" were the Internet experts/representatives like IAMAI etc involved in the arbitaration or is it that these bodies stay away from disputes.
Tata is a very reputed brand in India and abroad…any use of its name with any other services not directly related to them could lead misrepresentation in the minds of people hence Tata could be justfied in their action.
please type TATA in google and search , you will not get any linkage to oktatabyebye.com except this verdict and vice-versa.
Have you stopped saying TATA and BYE BYE to your friends / families
Dear People : Tata has become a well known trademark (please refer TM Act for what a well known trademark is), and for using this word for any commercial activity should be authorised by Tata Group. I do believe that the use of word TATA may not be intentional or may not be for diverting online traffic or may not be for commercailly exploiting the goodwill of TATA Group, but still as the impugned mark is a well known trademark, using the same would require authorisation by TATA Group. If tomorrow TATA comes out with a travel venture, then they may have to take approval from MMT for using their own brand name, becoz MMT will claim ownership of the word and will claim that their webportal has the name and therefore no one can use the word TATA in a travel venture except them.
Therefore, I think the verdict to be right…. and well in interest of trade and commerce.
- LegalEagle
Strangely Tata and makemytrip do not share similar business, so the case here seems strange. Unlike companies that take advantage of cyber squatting, makemytrip did not seem to be in such case.
Nikhil,
Here are some interesting Info
TATA had registered OKTATA.co.in back in 2002
http://whois.domaintools.com/oktata.co.in
They also own OKTATA.in
MakemyTrip registered OKTATABYEBYE.com in June of 2005 .
MMT registered both .co.in and .in version in 2006 .
In addition, MakeMyTrip created OKTTBB as a SEO site
If you search for TATA Hotel in google India (pages from India) OKTTBB appears as top 5 Site In Addition to TATA groups Ginger Hotel and TAJ Hotel
http://www.google.co.in/search?hl=en&source=h...
Yes Nikhil, I just checked, it indeed comes under the jurisdiction of WIPO for .com TLD.
Mr. Venkat , have you ever tried opening http://www.oktata.in , the website does not exist. If TATA SONS think they are so famous in masses why not launch http://www.tatatravels.com if they are targeting travel business which i think is there motive. Had TATA been so possessive about the domain name they would have build a site oktata.in about 8 years back , since they have not done there claim is wrong.
Decision by WIPO seems qualified enough to be WIPedOut….!
Oktatabyebye in no way concerns tata as Ta Ta is the word used by everybody when they go out. Its not a name that they have used in their domain, they have used a verb (Tata denotes an action, the hand wave). The WIPO judgement is wrong.
This seems to be how Tata functions, they try to browbeat smaller companies. In fact, they tried the same thing with us. We own the domain name jingalala dotcom and they sent us a letter asking us to transfer it in 7 days. We wrote back to their lawyers that they cannot do this (a point to point rebuttal) as they do not own word jingalala though they use the word in their ads. Jingalala has been in existence long before Tata started using it in their ads. Now, we are still the proud owners of JINGALALA DOTCOM as their lawyers understood that they cannot browbeat everybody :)
So, our sympathies are with oktatabyebye, and we hope they win the case.
Oktatabyebye in no way concerns tata as Ta Ta is the word used by everybody when they go out. Its not a name that they have used in their domain, they have used a verb (Tata denotes an action, the hand wave). The WIPO judgement is wrong.
This seems to be how Tata functions, they try to browbeat smaller companies. In fact, they tried the same thing with us. We own the domain name jingalala dotcom and they sent us a letter asking us to transfer it in 7 days. We wrote back to their lawyers that they cannot do this (a point to point rebuttal) as they do not own word jingalala though they use the word in their ads. Jingalala has been in existence long before Tata started using it in their ads. Now, we are still the proud owners of JINGALALA DOTCOM as their lawyers understood that they cannot browbeat everybody :)
So, our sympathies are with oktatabyebye, and we hope they win the case.