In a setback to the Tatas, the Delhi High Court on Friday allowed global environmental activists Greenpeace to use its trademark to promote its online video game Turtle Vs Tata.
Tatas, in a defamation and trade mark infringement suit filed in July last year, contended that the non-governmental organisation (NGO) in a game launched in June was maligning its image in its campaign to save the endangered Olive Ridley Turtles along the Orissa Coast.
Tatas said the NGO, via the game gave an impression that its Dharma deepwater port in the area was putting the species in further peril." Tatas were being depicted as demons," it said.
Justice S Ravindra Bhat dismissed an application filed by the Tatas to temporarily restrain Greenpeace from making the video public till it decided on the defamation suit.
The judge said prima-facie no trademark infringement was made out against Greenpeace as they were not promoting their product using the Tata logo but it was being used for a completely non-commercial purpose such as creating awareness. The court also noted that freedom of expression cannot be stifled through any interim injunction.
In the game, a turtle has to eat as much healthy food as it can while avoiding the 'Tata demons' that threaten its home.
Tata Steel was building a deepwater port along the Orissa coast, less than 15 km from one of the biggest nesting sites of the endangered turtle, Greenpeace said.
However, the Tatas, in their petition stated that they possess all clearances and demanded an apology from the NGO.