Interesting Lawsuit on Trademarks. We can Take This case as the
increasing Threat of Copyright & Trademark over Free Speach.

This case seems 2 be almost same as  the Old McDonalds case which
prevented using the 'Big M' by the Protesters

~peace & Justice
Anivar

Coca-Cola in India has threatened a lawsuit against a photographer for
using its logo in one of his photographs, blown up on a billboard,
depicting the country's shortage of water.

The seven-by-nine metre billboard in the eastern coastal city of
Chennai shows a row of colourful pots under a dry hand pump and in the
background is the Coke logo with the slogan: "Drink Coca-Cola."

Photographer Sharad Haksar has rented the billboard for three years
and routinely showcases his work on it, often highlighting a social
issue.

Coke officials in India call it an infringement of their trademark but
reiterated that they "respect Haksar's right to creative expression."
They said they hoped to settle the matter "amicably."

The multinational is demanding Haksar remove the photo and make an
unconditional apology or face a lawsuit and damage claim of two
million rupees (approx. $56,000 Cdn).

Haksar insists he has done nothing wrong. In fact, he shot photos for
a recent Coke ad campaign and claims the photo had been hanging at his
Coca-Cola office and officials never complained about it.

"What is depicted in my picture is a very common sight in Chennai,"
the photographer told The Telegraph newspaper. "I did not want to make
any point against a particular company – I wanted to show the irony of
the situation – when there is such acute water shortage, aerated
drinks are freely available."

The photo is being shown at a time when protests have erupted in towns
across India against Coke. Critics allege the beverage-maker's plants
create severe water shortages wherever they sprout up.

The law firm Daniel & Gladys, which represents Coke's Indian
subsidiary, says the billboard has inflicted "incalculable" damage to
the goodwill and brand of Coca-Cola.

Haksar has said he will take the matter to court to defend his freedom
of expression.

"It is my take on the severe water shortage in [Madras] and across India." 

Environmental and activist groups have taken up Haksar's cause and
blasted Coke for threatening the photographer.

"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 India Resource Center, an anti-globalization
organization.

Haksar said the poster was due to come down by the end of July but he
might keep it up if Coke takes legal action.


(http://www.cbc.ca/story/arts/national/2005/07/18/Arts/CokeBillboard_050718.html)

NOTE: Picture of the Billboard in Chennai of Sharad Haksar's photo.
(India Resource Center) attached.