[Reader-list] Fwd:Coca-Cola Threatens Top Indian Photographer with Lawsuit

[Anivar Aravind]

An interesting Lawsuit on trade Mark

--------- Forwarded message ----------
From: Amit Srivastava <amit at indiaresource.org>
Date: 12-Jul-2005 19:18

Coca-Cola Threatens Top Indian Photographer with Lawsuit 

London (July 12, 2005): The Hindustan Coca-Cola Beverages Private
Limited, a subsidiary of the Atlanta based Coca-Cola company, has
threatened Mr. Sharad Haksar, one of India's celebrated photographers,
with a lawsuit.

Mr. Haksar, a leading international photographer and winner of the
2005 Cannes Silver Lion, has placed a large billboard in one of
Chennai's busiest areas - one of India's largest cities - with his own
"work (which) is solely an expression of creativity."

The billboard features the ubiquitous red Coca-Cola wall painting,
commonly found across India. Directly preceding the Coca-Cola ad, and
part of the billboard, is a dry water hand-pump, with empty vessels
waiting to be filled up with water - a common scene in India,
particularly in Chennai. The image can be viewed at
http://www.indiaresource.org/news/2005/1077.html

On July 11, 2005, the law firm of Daniel & Gladys, who represent
Coca-Cola's Indian subsidiary, sent a letter to Mr. Haksar threatening
him with serious legal actions unless the billboard was replaced
'unconditionally and immediately'. Coca-Cola would seek Indian Rupees
2 million (US$ 45,000) for "incalculable damage to the goodwill and
reputation" of Coca-Cola, and also sought an 'unconditional apology in
writing'.

Mr. Haksar said, "I have no intentions of issuing any apology. Because
I have not committed anything wrong. If Coke pursues this legal
course, my lawyers shall take appropriate counter action."

Mr. Haksar's billboard highlights the severe water shortages being
experienced by communities that live around Coca-Cola's bottling
plants across India. A community close to Chennai, in Gangaikondan,
has already held large protests - protesting against an upcoming
Coca-Cola plant. In the neighboring state of Kerala, in the village of
Plachimada, Coca-Cola has been unable to open its bottling facility
for the last 16 months - because the community will not allow it to.

Coca-Cola is in serious trouble in India. A massive rural movement has
emerged to hold the company accountable for creating water shortages
and polluting the remaining water and soil.

"We appreciate Mr. Haksar's efforts and we condemn Coca-Cola's
attempts to silence a public discourse on the issues," said Amit
Srivastava of the international campaigning organization, India
Resource Center. The campaign continues to receive tremendous public
support internationally and has put the Coca-Cola company on the
defensive.

The recently held Live - 8 concerts pulled out with negotiations with
Coca-Cola over sponsorships because of public opposition, spearheaded
by the India Resource Center. Coca-Cola was also banned from the Make
Poverty History March as a result, on July 2, 2005, a march of close
to 300,000 people in Edinburgh in Scotland.

Mr. Haksar's work can be viewed at www.sharadhaksar.com 

For more information, visit www.IndiaResource.org 

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