The Delhi High Court has allowed the plea of Vistara Airlines to put an interim stay on use of 'VISTARA' mark by the Construction Company, Vistara Buildtech.

The single-judge bench of Justice C. Hari Shankar observed that 'Vistara' is a coined word, which has no known meaning or etymological significance and the plaintiff-airlines has been using the same since 2015 while the defendant came into existence only in 2020 and are yet to commence building operations under the impugned marks.

The plaintiff, therefore, also has the advantage of priority of use over the defendants, the Court ruled.

The plaintiff, the well-known collaboration between Tata Sons Pvt Ltd and the Singapore Airlines Ltd which, under the mark VISTARA, is engaged in the commercial aviation industry was aggrieved by the use, by the defendants, of the mark VISTARA as part of the impugned marks.

In view of the infringing nature of the defendants’ marks, the plaintiff issued a cease and desist notice to the defendants on 2nd January 2023, calling on the defendants to desist from continuing to use the impugned marks. This was followed by a reminder on 19th January 2023. However, there was no response to either of the said missives.

The Airlines thus approached the court by means of the present suit, seeking an injunction against the defendants using the impugned marks in any manner, as the marks infringe the registered trademarks of the plaintiff and are likely to lead an unsuspecting consumer to believe that defendants’ activities have some association with the plaintif.

The Court was of the view that a prima facie case of infringement is clearly made out as the plaintiff has, in its favour, several registrations of the word mark VISTARA.

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