IndiGo sues Mahindra for copyright infringement over BE 6E name

IndiGo Airlines has filed a trademark infringement suit against Mahindra Electric Automobile Limited (MEAL) in the Delhi High Court over the use of '6E' branding for Mahindra's BE 6e electric SUV.

1. Indigo uses 6E name for advertisements, transportation and services
2. Mahindra claims '6e' is "well-differentiated" from Indigo's trademark
3. Both parties are currently engaged in discussion to reach an amicable solution

In a strongly-worded statement, the airline emphasised that any unauthorised use of the '6E' mark, whether standalone or in any form, would constitute an infringement of its rights, reputation, and goodwill. The airline also highlighted that the trademark, which is registered, has gained strong global recognition.

IndiGo Airlines says it "owns" the trademark with respect to "various spheres of activity" that include advertising and transport. IndiGo also uses the "6E" designation for various passenger-centric services such as 6E Eats, 6E Prime and 6E Flex.

According to our sister publication Autocar Professional, the case, which came up before Justice Amit Bansal on Tuesday, has been rescheduled for December 9 following the judge's recusal. Additionally, the Senior Advocate that represents IndiGo, has informed the court that preliminary discussions between the parties have begun, as Mahindra has reached out to IndiGo on Monday evening.

Mahindra’s response

In response, Mahindra has released a statement saying the "6e" name is part of the trademark filed under Class 12 (vehicles) for the “BE 6e”. The Registrar of Trademarks accepted Mahindra Electric's registration request for "BE 6e" on November 25. The company claims that its EV models are "well differentiated" from IndiGo's services.

Mahindra has also issued a clarification to stock exchanges stating that their mark "BE 6e" differs fundamentally from IndiGo's standalone "6E trademark" and hence it does not see this as a conflict as there is no risk of confusion. The company emphasised that their branding poses no risk of confusion since it represents an electric vehicle rather than an airline service. "The distinct styling further emphasises their uniqueness," the carmaker said.

In their statement to stock exchanges, Mahindra also acknowledged IndiGo's concerns regarding goodwill infringement and confirmed that both companies are engaged in discussions to reach an amicable solution.

Under Indian trademark law, protection is typically limited to the specific classes under which a mark is registered. This means a trademark registered for airline services may not automatically prevent its use in automobiles, unless it qualifies as a "well-known trademark" or there's a legitimate likelihood of consumer confusion.

The case has drawn significant attention in both the aviation and automotive sectors, highlighting the complexities of trademark protection across different industries. While IndiGo remains firm on protecting its intellectual property rights, the ongoing discussions between the parties suggest a possibility of reaching an out-of-court settlement before the next hearing.