No HC relief for Tatas on using their brand as a crypto coin

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MUMBAI: Bitcoin may be a household name today, but there are different types of cryptocurrency. Have you ever heard of a cryptocurrency with the markings “Tata coin” or “$ Tata”? Tata Sons, the holding company of the Tata group, failed to seek a permanent injunction from the Delhi high court prohibiting the founders of Hakunamatata Tata and others from using the trademark “Tata” in the name under which cryptocurrency was created. publicly available or as part of their business or domain name. The domain names tatabonus.com and hakunamatata.finance which enabled the buying and selling of the ‘Tata’ cryptocurrency were created in June and May 2021 respectively. The reason why Tata Sons could not be successful is that it could not prove to the satisfaction of the court that the foreign parties (the defendants) intended to target India as their customers. The defendants in this lawsuit, filed by Tata Sons with the Delhi High Court, were companies based in the United States and the United Kingdom with no presence in India. They were located outside the sovereign borders of India and statutorily beyond the reach of the Trademarks Act of 1999 and the Code of Civil Procedure of 1908. In this context, “the intention to target India in as customers were of utmost importance ”for Tata Sons to make their point. “The mere fact that the defendants’ cryptocurrency can be purchased by clients located in India and therefore the value of the plaintiff’s brand can be diluted, even when viewed cumulatively, cannot in my view justify that this court interferes with the activities of the defendants, or with its brand or its mark, ”Judge C Hari Shankar ruled. Apparently, the defendants ‘cryptocurrency could be purchased – using the QR code and the methodology shown on the defendants’ website – by a client located anywhere in the world. This factor cannot therefore indicate conscious targeting of Indian customers by the defendants. The websites or social media accounts also do not prove the intention to target clients covered by the jurisdiction of the High Court. “If they’re targeting customers, they’re targeting customers around the world,” the judge observed. Tata Sons did not respond to an emailed query about the issue. Sources have told TOI that Tata Sons is considering taking the case to UK court.

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