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The Delhi High Court is currently grappling with a significant trademark infringement case pitting InterGlobe Aviation Ltd, the operator of India's largest airline IndiGo, against Mahindra Electric Automobile Ltd. The crux of the dispute revolves around the use of the alphanumeric designation '6E', a cornerstone of IndiGo's branding, in Mahindra's upcoming electric vehicle, the BE 6e, slated for release in late February 2025. IndiGo asserts that its '6E' branding, integral to its identity and prominently featured in services like 6E Prime and 6E Flex, enjoys legal protection under trademark laws. Consequently, the airline seeks an injunction to prevent Mahindra from utilizing this designation, arguing that it constitutes a direct infringement on their established intellectual property.
Mahindra, in its defense, contends that the stylistic differences between IndiGo's standalone '6E' and Mahindra's 'BE 6e' are substantial, mitigating the risk of consumer confusion. The company emphasizes that its use of '6E' is within the context of 'BE 6e', a distinct and separate brand name for its electric SUV. A Mahindra spokesperson has publicly stated that the company is actively engaged in discussions with InterGlobe Aviation to resolve the dispute amicably. This proactive approach highlights a willingness to explore alternatives to protracted legal battles, suggesting a desire to avoid a protracted and potentially costly court case. The matter was initially assigned to Justice Amit Bansal but was subsequently reassigned to a different bench after the judge recused himself. The case is now scheduled for hearing on December 9th.
The legal arguments presented by both sides highlight key aspects of trademark law. IndiGo emphasizes the long-standing use and recognition of '6E' as an integral part of its brand identity, cultivated over 18 years. The company underscores the extensive use of '6E' across its services and collaborations, underscoring the potential harm caused by unauthorized use. Mahindra, on the other hand, stresses the distinct nature of its branding, arguing that the inclusion of 'BE' significantly differentiates its usage from IndiGo's. The classification of goods and services under the Trademarks Act, 1999 is central to this debate. IndiGo has registered its trademark under various classes, encompassing advertising, promotional services, transport, and printed materials, while Mahindra's registration falls under Class 12, covering motor vehicles. This difference in classification forms the backbone of Mahindra's defense.
Legal experts offer diverse perspectives on the case's merits. Some believe Mahindra's decision to utilize '6e' was legally risky, considering the existing trademark held by IndiGo and the close proximity of their respective industries (transportation). The argument that the inclusion of 'BE' sufficiently distinguishes the two marks is questioned, with some legal analysts suggesting that 'BE 6E' could reasonably be viewed as a derivative of '6E'. The case raises broader questions about the extent of trademark protection and whether it should be limited to specific classes or industries, especially when considering brand identity and the potential for consumer confusion. This is not the first time IndiGo has been embroiled in trademark disputes, having faced previous challenges from Tata Motors and Go Air. The current situation provides a valuable case study in the complexities of trademark law and the challenges faced by businesses operating in overlapping sectors.
Mahindra's BE 6e, a stylish electric sports SUV, is presented as a significant addition to its expanding electric vehicle portfolio. The 'BE' prefix, pronounced as 'Be', combined with '6e' (a play on 'Be Sexy'), forms a key component of the car's brand image. The BE series is planned to include other models, and Mahindra's strategy extends to its XEV brand, further emphasizing the company's focus on electric vehicles. The launch of the BE 6e underscores Mahindra's ambitious plans in the burgeoning electric vehicle market. However, the ongoing legal battle with IndiGo casts a shadow over this launch and highlights the potential pitfalls of brand development and trademark registration in competitive business environments. The outcome of this case will likely have far-reaching implications for businesses aiming to create distinct brand identities, especially those operating in closely related industries.
Source: IndiGo sues M&M for trademark infringement over use of ‘6E’ for its EV