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Tatas wins brand battle in Pakistan
Business Standard
October 6, 2005
The Tata group has
won a legal battle in Pakistan against a Peshawar-based
company that sought to register "Tatara Tea"
as the brand name for its tea products. Last week, the
Sind High Court in Karachi upheld a Tata petition, saying
the name, if allowed to register, would create confusion
in the market. It took nearly two years for the Tata
group to thwart the Pakistani tea company's plan. In
July 2004, Pakistan Trade Mark Registry came out with
an order favouring the Tata group but that was challenged
by Tatara Tea at the Sind High Court. The court finally
dismissed the petition of Tatara Tea on September 26
this year.
This is one among
many cases India's second largest business group has
been fighting to prevent any misuse of its brand name.
SN Subedar, senior vice-president and company secretary
of Tata Sons, says, "The nature of the problem
we face is not attempts to counterfeit our products
but to misuse the Tata name which has a mass appeal
within the country and outside." Subedar, who is
in charge of the core team to protect the Tata brand,
cites instances of innumerable websites launched after
the names of JRD Tata and Ratan Tata.
This includes even
a pornographic website called odacioustatas.com. The
Tata group has won all its legal cases, owing to a newly
introduced legislation in the US and because of Geneva-based
World Intellectual Property Organisation's strict laws.
In India, the group has won several cases relating to
infringement of the Tata name. These include the launch
of a newspaper, Tata Express, from Varanasi and selling
of cutlery items, pressure cookers and steel buckets
under the Tata brand name.
There has been one
instance when a recruitment agency collected money from
candidates promising them jobs in Tata Management Ltd.
Akil Hirani, managing partner of Majumdar & Co,
a Mumbai-based international law firm, says the problem
is widespread and is more acute for groups like the
Tatas. "Unscrupulous persons can defend themselves
saying that they actually meant to say 'bye bye' by
using the word tata. Idea Cellular, too, may face this
kind of problem as idea is a common English word,"
he points out.
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