Game over for Tata Tata loses trademark infringement suit against Greenpeace
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Game over for Tata Tata loses trademark infringement suit against Greenpeace

Bar & Bench

Tata has lost its trademark infringement suit against Greenpeace, for using the Tata trademark in the infamous game (imitation of the legendary Pac-Man) Turtle Vs. Tata.

Tata has lost its trademark infringement suit against Greenpeace, for using the Tata trademark in the infamous game  (imitation of the legendary Pac-Man) Turtle Vs. Tata.

Greenpeace used Tata’s ‘T’ logo in the game and in defense, Tata filed a case for defamation trademark infringement against the Greenpeace organization. Justice Ravindra Bhat of the Delhi High Court dismissed the application filed by the Tata’s to temporarily restrain Greenpeace from making the video public, till the High Court decides on the defamation suit, reports the Hindustan Times.

Justice Ravindra Bhat stated prima-facie no trademark infringement has been made out against Greenpeace as they are not promoting their product using the Tata logo, but it (Tata logo) is being used for a completely non-commercial purpose – such as creating awareness. The Court also stated that freedom of expression cannot be stifled through an interim injunction.

Greenpeace was represented by Founder Partner Saikrishna Rajagopal of Saikrishna & Associates and Tata was represented by Anand and Anand.

The Greenpeace website states the congratulations message given by Founder Partner Saikrishna Rajagopal and states that the ruling is a huge blow in favour of the fundamental right to free speech, and perhaps the first time that India’s largest corporation has had its bullying ways thwarted.

Tata’s Dhamra port is near completion, but an RTI filed by the Greenpeace reveals in Minister Jairam Ramesh’s own handwriting stating that the port’s construction could have been stopped legally, had it not started. Greenpeace has been campaigning against the port for the last 5 years and this RTI indicates that powerful group corporations like the Tata’s are allowed to get away with blatant legal violations.

The protest is against Tata Steel- promoted Dharma Port project, where a deep-sea port is being set up at Bhadrak, Orissa. The location of the port project is 15 kilometres from the nesting site of the endangered Olive Ridley sea turtle, which is the smallest extant sea turtle in the world.

Picture Source: Greenpeace

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