Indian air carrier IndiGo on Tuesday filed a legal suit against Mahindra Electric Automobile Limited, accusing the automaker of trademark infringement over the use of ‘6E’ in its new electric vehicle, the Mahindra BE 6E.
The case was brought before the Delhi High Court and is expected to see its next hearing on December 9, 2024. The case was briefly presented before Justice Amit Bansal earlier in the day, but the judge recused himself.
Mahindra Electric, in an official statement, said that it is in discussion with IndiGo “to find an amicable solution”.
Notably, the Mahindra BE 6E is set to launch in February 2025.
INDIGO’S TRADEMARK & BRANDING
IndiGo operates under the call sign ‘6E’, a cornerstone of its branding and passenger services. The airline offers products like 6E Prime (seat selection, priority check-in, and snacks), 6E Flex (flexible rescheduling and cancellations), and additional 6E-branded services, including extra baggage options and lounge access.
The airline secured the registration of the trademark “6E Link” in 2015 under several trademark classes. These classes allow IndiGo to use the ‘6E’ mark for purposes including:
Class 9: Advertising displays and illuminated signage.
Class 35: Banner and online advertising, as well as advertising for transportation services.
Class 39: Airline services for passenger and goods transportation.
Class 16: Printed materials such as pamphlets, boards, and advertising signs
IndiGo is contending that the use of ‘6E’ infringes upon its established trademark. The airline has approached the Intellectual Property (IP) division of the Delhi High Court seeking relief.
The ‘6E’ mark is an integral part of IndiGo’s identity for the past 18 years and is a registered trademark that holds strong global recognition. The ‘6E’ mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and for goods and services provided in collaboration with trusted partners,” the airline said in an official statement.
“Any unauthorised use of the ‘6E’ mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. IndiGo is committed to taking all necessary and appropriate steps to safeguard its intellectual property and brand identity,” it added.
MAHINDRA’S TRADEMARK & PRODUCT LAUNCH
On November 25 this year, the Registrar of Trademarks accepted Mahindra Electric’s application to register the mark “BE 6E” under Class 12, covering various motor vehicles and components. The registration would grant Mahindra rights to use the ‘6E’ designation for electric and combustion engine vehicles, excluding two-wheelers.
Mahindra’s BE 6E electric car has generated significant buzz for its innovative design and tech features. While the car has been unveiled, bookings have not yet commenced.
In its statement, Mahindra Electric said it does not see any conflict in its branding as the company’s mark is “BE 6e”, not the standalone ‘6E’.
Mahindra revealed its electric origin SUVs the BE 6e and XEV 9e on November 26, 2024. Mahindra has applied for trade mark registration under class 12 (vehicles) for ‘BE 6e’ a part of its electric origin SUV portfolio,” the statement said.
“We hence don’t see a conflict as Mahindra’s mark is ‘BE 6e’, not the standalone ‘6E’. It differs fundamentally from Indigo’s ‘6E’, which represents an airline, eliminating any risk of confusion. The distinct styling further emphasizes their uniqueness,” it added.