Indigo says 6E 'integral' part of identity, Mahindra's use is infringment

IndiGo Airlines has strongly defended its '6E' trademark in an ongoing dispute with Mahindra Electric Automobile Limited (MEAL), asserting that the mark has been an "integral part" of the airline's identity for nearly two decades.

In a strongly-worded statement, the airline emphasized that any unauthorized 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.

"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 stated, underlining its commitment to protecting its intellectual property.

The statement comes amid a legal battle with Mahindra over the use of '6E' branding in the automaker's upcoming electric SUV, the BE 6e. IndiGo has filed a trademark infringement suit against Mahindra in the Delhi High Court, with the case scheduled for hearing on December 9 following Justice Amit Bansal's recusal from the case.

Mahindra, which revealed its electric SUV on November 26, has maintained that its "BE 6e" branding differs fundamentally from IndiGo's standalone "6E" trademark. In a clarification to stock exchanges, the automaker argued that there is no risk of confusion since their mark represents an electric vehicle rather than airline services.

"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," Mahindra stated in its exchange filing.

The dispute has entered preliminary discussions, with Mahindra reaching out to the airline on Monday evening. In a statement to stock exchanges, the automaker acknowledged IndiGo's concerns regarding goodwill infringement and confirmed that both companies are working towards an amicable solution.

IndiGo, represented by Senior Advocate Sandeep Sethi and supported by Advocates Aditya Gupta, Mukul Kocchar, and Chhavi Tokas from Ira Law, holds trademark registrations for '6E Link' across multiple classes, including advertising, transport, and passenger services. The airline uses the "6E" designation for various passenger-centric services such as 6E Prime and 6E Flex.

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 law prevents others from using identical marks for similar goods or services and also guards against the use of similar marks that could cause confusion among consumers. It also provides protection against dilution of well-known trademarks and offers safeguards against passing off, even for unregistered marks.

The electric SUV at the center of the dispute is scheduled for delivery in February 2025. Notably, the Registrar of Trademarks had accepted Mahindra Electric's registration request for 'BE 6e' under class 12 (vehicles) on November 25, just one day before the company revealed its electric origin SUVs, the BE 6e and XEV 9e.

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.