The commitment was delivered in front of Justice Prathiba M Singh's bench in a trademark dispute filed by Frankfinn Aviation Services, which trains people in industries such as aviation and hospitality.
In its lawsuit, Frankfinn claimed trademark rights in the phrase "Fly High." The lawsuit was brought after Vistara began using the tagline "Fly Higher" in an advertisement campaign that started in 2018.
After Frankfinn filed a petition with the High Court, the airline was barred from using the phrase until February 2022. This order was null and void in November 2022.
Vistara suggested a solution to Frankfinn in July of this year to terminate the issue.
The Tata-owned airline has stated that it will not submit trademark applications for "Fly High" or "Fly Higher" unless Frankfinn agrees that using the two marks in Vistara's advertising campaigns does not constitute trademark use.
In the judgement passed last week, Justice Singh stated that Frankfinn Aviation decided not to object to a non-trademark use of the slogans.
It was also noted that Vistara had agreed not to use the phrase "Fly Higher" as a trademark. Vistara also stated that it will not contest Frankfinn Aviation's trademark application for the term "Fly High."
The Court said that the Defendant (Vistara) can use the terms 'Fly High' or 'Fly Higher' in a non-trademark sense and in keywords, advertising campaigns, and hashtags. The plaintiff (Frankfinn) has raised no objections in this regard.
The Court said these terms are exclusively binding on the immediate parties and "shall not be read against any other entities, including group companies."
In these circumstances, the High Court dismissed Frankfinn Aviation's claim filed in 2022.
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