IndiGo vs. Mahindra Electric India’s largest airline, IndiGo, has filed a lawsuit against Mahindra Electric Automobile Limited for using “6E” in Mahindra’s new electric car, Mahindra BE 6E. The trademark dispute before the Delhi High Court raises crucial questions on brand identity, intellectual property rights, and the scope of trademark protection.
Background of the Dispute
Indigoo IndiGo, operated by Interglobe Aviation, has made its robust brand around the callsign “6E”, meaning that the airline designation and service-focused for customers. Over time, the airline has taken out its 6E brand into products such as 6E Prime, a premium service, 6E Flex, which allows clients to change their travel itineraries, and 6E Add-ons for customizing travel.
IndiGo registered the word mark “6E Link” in 2015 under several classes of trademark, including Class 9, 35, 39, and 16. These registrations include all kinds of goods and services, from advertising to transport of passengers and promotional materials. The case is different from Mahindra’s recent application to register “BE 6E” under Class 12, which specifically includes motor vehicles.
Mahindra’s Trademark Application
November 25, 2023: The registrar of trademarks accepted Mahindra Electric’s application to register the “BE 6E” under Class 12, vehicles and parts thereof, but excluding two-wheelers. Now, here comes the new electric car, Mahindra BE 6E – one of the most ambitious designs for the future; it will be delivered starting February 2025.
IndiGo argues that the use of 6E in the car’s name would dilute its brand identity and creates confusion among consumers. The airline filed a case before the Delhi High Court’s IP division to redress the grievance.
IndiGo vs. Mahindra Electric: Legal Proceedings Till Date
The matter came up before Justice Amit Bansal on 3 December 2024, but he recused from hearing the matter. A date has been fixed in the case for hearing it on 9 December 2024.
In the preliminary hearings, Senior Advocate Sandeep Sethi, who argued for IndiGo, stated before the court that Mahindra had reached out for a discussion. This shows a possibility of an out-of-court settlement, though legal arguments are still in the offing.
IndiGo vs. Mahindra Electric: Key Points of Contention
Trademark Scope and Overlap
While the trademark registrations for IndiGo under Class 39 are airline services, the application for Mahindra under Class 12 is motor vehicles. Yet, IndiGo holds that its brand identity cannot be confined to any specific industry, and 6E is a unique identifier associated with premium services.
Likelihood of Dilution
IndiGo believes that the use of 6E in a car would dilute the reputation of its brand, considering all the marketing and goodwill established for the term.
Likelihood of Confusion among Consumers
Indicative Counsel of IndiGo noted the likelihood that Mahindra BE 6E could be branded with IndiGo by a consumer, in an atmosphere of competition in branding.
Implication of Trademark Law
Trademarks seek to avoid undue exploitation and confusion among trademarks. It remains a mystery, in this case, as to whether the registration of trademarks within one industry might affect the trademarks of another. The verdict from the court will be influenced by the following:
The uniqueness of the 6E mark with respect to IndiGo’s services.
Whether Mahindra’s use of 6E in a different industry leads to confusion or infringes upon IndiGo’s brand equity.
FAQs
1. Why has IndiGo filed a lawsuit against Mahindra Electric?
IndiGo believes that Mahindra’s use of 6E in the name of its electric car dilutes IndiGo’s trademark and brand identity.
2. What is IndiGo’s argument in this case?
IndiGo argues that 6E is a unique identifier for its airline and related services, and its use in Mahindra’s car could lead to consumer confusion and brand dilution.
3. What does Mahindra’s trademark registration cover?
Mahindra’s application under Class 12 pertains to motor vehicles and related components, excluding two-wheelers.
4. What is IndiGo’s trademark registration scope?
IndiGo’s 6E Link trademark is registered under Classes 9, 35, 39, and 16. Therefore covering airline services, advertisement, and promotional materials.
5. What are some possible implications of this decision?
The court may find in favor of IndiGo’s trademark claims. May dismiss them on the grounds of industry-specific differences, or may even urge the parties to settle amicably.
Be First to Comment