How environmental activism triggered a complex trademark dispute
Defamation suits, as any litigator knows, are not for the faint-hearted. So it was just as well that the first time an Indian court was asked to rule on a question of trademark infringement twinned with defamation, the defendant in question was Greenpeace, an environmental group synonymous with bold, headline-grabbing campaigns.
The lawsuit was initiated by Tata Sons, the owner of India’s most valuable – and possibly best-protected – trademark, following the launch in May 2010 of a Pac-Man-style game called “Turtle vs Tata” on Greenpeace India’s website. The game not only uses the Indian company’s “TATA” mark and a stylized version of its “T within a circle” device, but also contains references to “Tata demons”.
Fighting back
On 14 July 2010, Tata, which has frequently fought back against less blatant intrusions, requested an injunction against Greenpeace and damages of ₹100 million (US$2.2 million) in Delhi High Court. Tata was represented by Anand and Anand, one of the country’s best-known intellectual property law firms.
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