The Indian-owned global conglomerate, the TATAs, have failed to convince the Delhi High Court that Greenpeace was guilty of defamation and trademark infringement in its use of the TATA logo in an online game.
Justice S Ravindra Bhat of the Delhi HC refused to grant an injunction against Greenpeace earlier today. We are awaiting a copy of the order, and shall post if there are any significant observations by the court.
The international environmental NGO, represented by Saikrishna and Associates, successfully argued that their use of TATA’s logo (stylized T in a circle) was a case of nominative fair use of the mark; and that its representation was evidently exaggerated and could not have ilowered TATAs’ reputation in the eyes of the public. The TATAs were represented by Anand & Anand, and led by senior counsel Rohinton Nariman.
Readers will recall our post some months ago on TATA having dragged Greenpeace to the Delhi HC in a suit over the use of its logo (stylized T in a circle), alleging it was “disparaging” and “libelious”. At that time, reports suggested that the court had “advised” Greenpeace to remove the TATA trademark from its online game, which was a take on the ’80s classic Pacman.
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The international environmental NGO, represented by Saikrishna and Associates, successfully argued that their use of TATA’s logo (stylized T in a circle) was a case of nominative fair use of the mark; and that its representation was evidently exaggerated and could not have ilowered TATAs’ reputation in the eyes of the public. The TATAs were represented by Anand & Anand, and led by senior counsel Rohinton Nariman.
Readers will recall our post some months ago on TATA having dragged Greenpeace to the Delhi HC in a suit over the use of its logo (stylized T in a circle), alleging it was “disparaging” and “libelious”. At that time, reports suggested that the court had “advised” Greenpeace to remove the TATA trademark from its online game, which was a take on the ’80s classic Pacman.
The Greenpeace game was launched to mark the long-standing conflict between attempts to protect the endangered Olive Ridley Turtles and TATA Steel’s port located off the coast of the eastern Indian state of Orissa.
(Image from here)
Is the judgment online?
Judgement isn’t online yet. Will let you know asap.
judgement is available online here: http://www.indiankanoon.org/doc/562656/