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IndiGo moves Delhi HC against Mahindra over right to use ‘6e’

IndiGo argued that that any use of ‘6E’ by another company threatens its reputation and brand image

IndiGo moves Delhi HC against Mahindra over right to use ‘6e’
[Source photo: Press Insider/Chetan Jha]

IndiGo, India’s largest airline by passengers carried and fleet size, filed a trademark infringement case in the Delhi High Court against Mahindra Electric Automobile Ltd (MEAL) over the use of ‘6E’ branding in the latter’s new electric sport utility vehicle (SUV), the BE 6e.

The airline has claimed that the use of the branding ‘6E’ by another company threatens its reputation and brand image.

The case came up for hearing on Tuesday, but has been rescheduled for 9 December after Justice Amit Bansal recused himself.

IndiGo’s lawyer, senior advocate Sandeep Sethi, told the court that the two parties had started preliminary discussions.

IndiGo said that the ‘6E’ trademark has been integral to its brand identity since 2015.

The airline said it uses ‘6E’ for various services, including options like 6E Prime and 6E Flex, spanning across advertising, transport, and other categories.

“The ‘6E’ mark is an integral part of IndiGo’s identity for the past 18 years and is a registered trademark with strong global recognition. … Any unauthorized use of the ‘6E’ mark constitutes an infringement of IndiGo’s rights,” the airline said, adding that it will take necessary steps to protect its intellectual property.

In response, Mahindra and Mahindra Ltd said that its ‘BE 6e’ mark is “fundamentally” different from IndiGo’s ‘6E’ and that there is no risk of confusion between the two because one represents an airline and the other an electric vehicle.

“Mahindra’s mark is ‘BE 6e,’ not the standalone ‘6E,’” the company said. “It differs fundamentally from IndiGo’s ‘6E,’ which represents an airline, eliminating any risk of confusion.”

The dispute comes after the 26 November unveiling of Mahindra’s BE 6e and XEV 9e electric SUVs.

MEAL has applied for trademark registration for ‘BE 6e’ under class 12, which covers vehicles.

Mahindra also noted that they had taken IndiGo’s concerns seriously and were in talks to reach a resolution.

“The company and MEAL are engaged in discussions to find an amicable solution,” the company said.

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