Defending a powerful brand

A case study of the intellectual property challenges faced by the Tata Group illustrates the complexities of managing and protecting the IP interests of large diversified corporations

Achuthan Sreekumar reports

In the mid-1990s the Tata Group embarked on a mission to unify its sprawling and diverse, albeit extremely successful, empire under a single entity and brand. Their vision: a brand that would stay ahead of its peers in post-liberalization India. The result: a US$1.1 billion dollar brand that is today the only Indian brand in the top 100 global brands as estimated by the UK-based brand valuation consultancy Brand Finance.

Established as a corporate body in 1917, Tata Sons is the principal holding company of the Tata Group. Over the years as the group prospered, the Tata trademark, derived from the surname of the group’s founder, Jamsetji Nusserwanji Tata, was being used by over 100 entities both in India and abroad. So in the mid-1990s Tata Sons introduced a system where it entered into formal agreements with individual companies within the group giving them the right to use the Tata trademark.

Over the last decade and a half, existing Tata businesses have been reinvigorated and new ventures, which cut across geographical and other barriers, have taken root. As a result Tata has become a household name synonymous with excellence and reliability – thanks to which it is the target of many an IP infringer.

Achuthan Sreekumar is an associate in the litigation department of Anand and Anand in New Delhi. He can be contacted at achuthan@anandandanand.com.