Talk to a lawyer @499

News

In a trademark infringement suit, the Delhi HC directed the parties not to take any coercive measures.

Feature Image for the blog - In a trademark infringement suit, the Delhi HC directed the parties not to take any coercive measures.

CaseTata SIA Airlines Limited v. Vistara Media Private Limited

In a trademark infringement suit filed by Vistara Airlines, the Delhi High Court directed a Karnataka-based news network and the Airline not to take any coercive measures.

After the Kannada news network opposed the ex-parte injunction passed against it on November 22, Justice Amit Bansal ordered no coercive action to be taken until the next hearing, December 15.

As the registered owner, Tata SIA (owners of Vistara Airlines) argued that it has the exclusive right to use and protect the trademark 'Vistara' from infringement by third parties.

Vistara is a well-known trademark and as such should be protected to the highest level, the Court was told.

In addition, it was argued that the defendant (Vistara News) had dishonestly copied the trademark in its entirety and had no plausible reason for doing so.

According to the suit, it is manifestly clear that the defendant's intention is to confuse customers into believing that the plaintiff offers the services and packages.

Consequently, on November 22, Justice Jyoti Singh passed an interim injunction after noting that Tata SIA had established a prima facie case, that the balance of convenience was in its favor, and that if the injunction were not granted, the company would suffer irreparable harm.