IndiGo sues M&M for trademark infringement over use of ‘6E’ on its electric vehicles

InterGlobe Aviation Ltd, which operates India’s largest airline IndiGo, has filed a trademark infringement suit against Mahindra Electric Automobile Ltd in the Delhi High Court, accusing the automaker of using “6E” in its upcoming electric car model BE 6e, which is expected to be launched in February Delivery at the end of next year.

IndiGo claimed that “6E”, a key element of its brand and callsign, was protected by trademark law and had sought an injunction to restrain Mahindra from using the name.

Mahindra and Mahindra Electric Vehicles’ parent company Mahindra said there are fundamental differences in the styling of the two monikers, IndiGo’s standalone ‘6E’ and Mahindra’s BE 6e, adding that the company was in discussions with InterGlobe Aviation to resolve the dispute amicably.

The case was initially heard by Justice Amit Bansal, but the judge recused himself during Tuesday’s hearing. The matter is now scheduled to be heard by a new judge on December 9.

It may be noted here that Mahindra’s SUV brand name has ‘6E’ in small letters.

argument

The airline’s call sign “6E” is said to be core to its brand and represents a range of passenger-centric services such as 6E Prime, which offers benefits such as priority check-in and seat selection, and 6E Flex, which allows flexible flight rescheduled) cancelled. In addition, other 6E brand add-ons are said to enhance the customer experience by offering customizable options including lounge access and additional baggage allowance.

“Mahindra launched its electric SUVs BE 6e and XEV 9e on November 26, 2024. Mahindra has applied for Class 12 (Vehicle) Trademark Registration for “BE 6e” which is part of its electric SUV portfolio. Hence, we No conflict is seen as the Mahindra is badged “BE 6e” and not the standalone “6E” it is with the Indigo. The ‘6E’ is fundamentally different, with the latter representing an airline, thereby eliminating any risk of confusion and the distinctive styling further emphasizing their uniqueness,” a Mahindra spokesperson said in a statement.

The spokesperson added: “We have taken into consideration that InterGlobe Aviation Limited would infringe on their goodwill and this was not our intention. We are in discussions with them to find an amicable solution.”

In response to Mint’s email query, InterGlobe Aviation said the ‘6E’ logo has been an integral part of IndiGo’s identity for the past 18 years and is a registered trademark with strong global recognition. The “6E” mark, whether alone or in its variations and formations, is widely used by IndiGo for its products and goods and services provided in collaboration with trusted partners.

“Any unauthorized use of the “6E” mark, whether alone or in any form, constitutes a violation of Indigo’s rights, reputation and goodwill. Indigo is committed to taking all necessary and appropriate measures to protect its intellectual property and brand image,” a company spokesperson said.

The Trademarks Act 1999 provides for a system of classification of goods and services. There are 45 categories of trademarks: categories 1 to 34 are product trademarks, and categories 35 to 45 are service marks. These categories help businesses classify their products and services when applying for a trademark, ensuring they receive appropriate protection under the law.

According to media reports, IndiGo registered the “6E Link” trademark in 2015 under multiple categories, including Class 9 for advertising, Class 35 for promotional services, Class 39 for transportation, and Class 39 for transportation. Class 16 Printed Advertising Materials. Mahindra, on the other hand, received approval from the Registrar of Trademarks on November 25, 2023, to register “BE 6E” under Class 12, covering motor vehicles and related parts and components.

Mahindra’s BE 6e is gaining popularity as a sporty electric SUV with a futuristic design. The brand name “BE” is pronounced as “Be” and “6e” is derived from “Be sexy”.

The car is one of five all-electric models Mahindra plans to launch by 2028. Its BE series will include models named BE 5e, BE 7e, etc., while Mahindra’s other electric vehicle brand XEV is launching the XEV 9e nameplate for the first time.

What is certain is that Mahindra initially showcased these models with different nameplates such as BE.05 and XUV.e9.