Ta Ta, WIPO. Fresh Candidate for Worst UDRP Decision Ever
Worst UDRP decision ever? Firm states Ta Ta to WIPO.
An Indian firm is taking a domain battle to court following a WIPO domain panelist handed its domain owner to conglomerate TaTa Sons.
The domain at issue is OKTaTaByeBye.com, a travel web site based on the colloquial saying “Ta Ta”, as in bye-bye or see you later.
OKTaTaByeBye.com is run by a sizable online travel firm that operates MakeMyTrip.com.
TaTa Sons stated in its complaint that “the Respondent has not shown any demonstrable preparation to use the domain name in connection with a bona fide offering of goods and services.”
OKTaTaByeBye refuted that in its response, stating that the site is a travel journal and community site. A look at historical DomainTools thumbnails shows that the site has been operating since at least 2006 with active traveler discussion boards.
But the response by WIPO panelist Pavan Duggal is almost humorous in nature. Despite the overwhelming evidence presented by OKTaTaByeBye.com that it is a legitimate, online travel community, Duggal focuses on on how the site links back to the firm’s MakeMyTrip.com site, where people can book trips online. This, as stated by Duggal, shows that OKTaTaByeBye.com is actually trying to use TaTa’s trademark to “fish” for fresh clients to its MakeMyTrip.com site. Apparently operating an online travel community that supports a related web site is not OK.
The firm is discussing the fight on its blog in a post that has received 1,256 comments.





