OKTATABYEBYE!
How many times in our lives have we used this phrase? But it seems that since 'Tata' is a brand name, one not can use it for any product or services. Bullshit.
Check Merriam Websters, the phrase Ta-ta originated in 1823, a full 16 years before Jamshedji Tata was born and 80 years before Tata Steel was founded. Can the Tata's rightfully claim ownership of the phrase?
Indian agriculture ministry argued the case for Basmati rice when it was to be patented by some American firm, saying that the usage of Basmati rice in India dates years ago and quoted ancient Indian poems in its support. So, by that logic, you cannot patent something that existed much earlier.
How come brand names are trademarked then? Well, it is the usage of a phrase in some context. You can start a hotel chain with the name Adidas, not another apparel range. That is to protect the consumer from counterfeits and helping the companies reap the benefit of creating a brand.
But it certainly doesn't mean that Mr.Jobs owns all the usage of the word "Apple". We should still be able to use the phrase, "an apple a day, keeps a doctor away".
Whats the issue with OKTATABYEBYE?
That MakeMyTrip wanted to name a portal OKTATABYEBYE and the Tatas found it infringement of their IP over the brand name. And guess what, the court ruled it in favour of the Tatas!
Ridiculous.
1) The context of the usage of the word TATA is not as a brand but as a word of English language.
2) TATAs are not in the travel business and MakeMyTrip's proposition is completely different.
3) The pharse used is self explanatory and in no way uses the word TATA as a brand.
Why did the court ruled it in favor of the TATAs?
Why do you think I call the Indian Judicial System a farce?
Tuesday, September 15, 2009
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2 comments:
Wow!
I mean, like really, I think our judiciary is just trying to out-do itself.
Very interesting post!
u talk a lot a times !
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