WIPO: Telecom Company Loses Tata-Telecom.com

Ceres

New Member
A Canadian company, Toronto Asia Tele Access Telecom, Inc. (TATA Telecom Inc.), lost the domain Tata-Telecom.com to... yes you've guessed it... Tata Sons Limited, India.

The Canadian company claims to have adopted "TATA" as a trademark/trade name because it's an abbreviation for "Toronto Asia Tele Access". Although incorporated in 2006, the company asserts it began providing telecommunications services in Canada in 2002 and had "sister companies" in India (it's not clear from which date). Also, it sold telephone cards in Europe since 1996.

The Panel rejected the Canadian company's claim of prior rights to the TATA mark in association with telecommunication services, saying there was no evidence that the Canadian company ever registered or applied to register TATA as a trademark. Also, the respondent's submissions didn't show use sufficient to establish common law rights in TATA.

The Panel stated that the respondent's claim that it did not know about the well-known TATA mark lacked credibility.

I realise well-known trademarks enjoy a lot of protection under trademark law, however I'm don't agree with the finding of bad faith here. Not only is there a legitimate business involved, using TATA as an abbreviation for Toronto Asia Tele Access make sense to me.

Also, my understanding is that Tata Sons Limited didn't enter the telecommunications industry until 2002 (under the name "VSNL" - then renamed Tata Communications in 2008. The Canadian company claims to also have had a legitimate business in telecommunications around 2002. From what I understand, Tata Sons wouldn't yet have been well-known "in association with telecommunication services".

What do other INForum members think of this decision?
 
Last edited by a moderator:

Ace

Well-Known Member
TATA is a very powerful brand name and are also into Telecommunication themselves. Obvious decision.
 
Similar threads
Thread starter Title Forum Replies Date
Digital Pandit WIPO had to deal with 50,000th cybersquatting case over two decades Legal Issues and Dispute 0
Digital Pandit Geico wins WIPO case Legal Issues and Dispute 0
Digital Pandit Instagram LLC created WIPO case for Instagram.biz Legal Issues and Dispute 0
Digital Pandit UMass Memorial HealthAlliance loses a UDRP for urgentCareLeominster.com at WIPO Legal Issues and Dispute 0
Digital Pandit MYS.com is now in the UDRP purview at WIPO Legal Issues and Dispute 0
Digital Pandit A great read : This WIPO panel proves that having a trademark will not always win cases Legal Issues and Dispute 0
Digital Pandit WIPO is out with its 2019 report: Covers 6,298 domain names and 3,693 UDRPs Legal Issues and Dispute 0
Digital Pandit Naturals.com subject of WIPO case; Complainant uses Naturals.in Legal Issues and Dispute 0
Digital Pandit CVS Pharmacy, Inc. isn’t too thrilled with registartion of "CVS.inc", files WIPO Legal Issues and Dispute 0
Digital Pandit Cybersquatting cases move up in number in 2019 at WIPO Legal Issues and Dispute 0
Digital Pandit WIPO panelist declines RDNH because of reasons even unknown to him apparently Legal Issues and Dispute 0
Digital Pandit WIPO panelist missed to find complainant's fault of reverse domain name hijacking Legal Issues and Dispute 0
Digital Pandit Important: Wednesday Webinar of ICA/WIPO to Address WhoIs Mess - thanks to GDPR Resources 0
Digital Pandit A UDRP respondent from Australia tells WIPO panelist to “fuck off” Legal Issues and Dispute 0
Digital Pandit WIPO issues WRONG report regarding domain name disputes in 2018 Resources 0
Digital Pandit WIPO SEMI-ANNUAL REPORT — 73 DIFFERENT PANELISTS DENY COMPLAINTS Legal Issues and Dispute 0
JulienJ WIPO domain name cybersquatting cases reach new record in 2017 (infographic) Legal Issues and Dispute 0
JulienJ WIPO shares some facts about 2017 UDRP filings Legal Issues and Dispute 0
JulienJ WIPO panel screws Domaining.com owner Francois Carrillo out of Ado.com Legal Issues and Dispute 1
domainking131 WIPO UDRP Filings up 4.6% in 2015 Non-Indian Domains 0
the_poet India Joins the International Trademark System at WIPO Legal Issues and Dispute 2
the_poet Indian complainant is awarded .com from WIPO, but owns neither the TM nor .in/.co.in General Indian Domain Name Discussion 12
Ceres WIPO Case: Philadelphia.es Legal Issues and Dispute 2
Ceres Owner of DKB.com Loses Domain in WIPO Case Legal Issues and Dispute 4
Ceres Indian Bank Wins KotakBank.com in WIPO case Legal Issues and Dispute 2
Ceres Complainant Wins Typo Domain in WIPO Dispute Legal Issues and Dispute 3
Ceres WIPO Case: A Predicable Outcome Legal Issues and Dispute 2
Ceres WIPO Decision: "Ta Ta Bye Bye" to Domain Name Legal Issues and Dispute 16
Ceres WIPO Allows Consolidated Complaint Legal Issues and Dispute 0
Digital Pandit Singaporean telecom is the latest gTLD registry to voluntarily drop its dot-brand New GTLDs 0
Digital Pandit A German telecom company, tire distributor among others bought end user domains worth £30,000 Non-Indian Domains 0
Ceres Investment in India's Telecom Market Indian Websites and Start-ups 0
Digital Pandit Chinese Domains: What about recalling 5N corporate domain of a top company Non-Indian Domains 0
G Lizzo collaborator and New Orleans video production company captures southern charm with XYZPrism.xyz New GTLDs 0
Digital Pandit Indian pharmaceuticals company drops its dot-brand gTLD New GTLDs 0
Digital Pandit DNW Podcast: Fox’s Crews Gore discusses why .Fox is being more widely adopted within the company Resources 0
Digital Pandit Post the UDRP loss for Pocketbook.com, Pocketbook e-reader company goes to US Court Legal Issues and Dispute 0
Digital Pandit Podcast Alert !!! : Laura Roeder on the best way to pick a company name Resources 0
Digital Pandit Podcast Alert !!! : Quadhelp CEO Darpan Munjal explains how the platform works and talks about the company’s new white label domain marketplace system Resources 0
Digital Pandit Mike Mann and his company DomainMarket.com has dropped almost 50,000 domains Registrars 0
Digital Pandit 1st June Market Update: $392k in Sales - Company.ch sold for $24,476 Non-Indian Domains 0
Digital Pandit Workforce.com : The perils of not owning most suitable domains for your company Resources 0
Jeff India court assumes jurisdiction over .com owned by US company Legal Issues and Dispute 1
Digital Pandit Podcast Alert !! : George Bundy, CEO of the company, on commercializing .FM New GTLDs 0
Digital Pandit How Zhubajie.com helped Chinese company go global Non-Indian Domains 0
Digital Pandit Crypto tax company and others bought domains at Uniregistry Non-Indian Domains 0
Digital Pandit Problems of building a business on someone else's company’s platform Registrars 0
Digital Pandit Assurity Life Insurance Company lost UDRP Legal Issues and Dispute 0
Digital Pandit A Spanish company, Decoweb Brands, indulges in RDNH Legal Issues and Dispute 0
Digital Pandit CBD company loses UDRP, pays $160,000 for GreenRoads.com Legal Issues and Dispute 0

Similar threads

whois



Forums dedicated to Indian domain names, including buying, selling, appraising, developing, and monetizing.

About Us

Threads
27,258
Messages
74,281
Members
7,657
Latest member
endrydaa
Top Bottom