Vistara wins trademark infringement lawsuit against Chinese e-commerce company AliExpress
New Delhi: The Delhi High Court (HC) imposed a cost of Rs 20 lakh on Chinese e-commerce platform AliExpress for selling key fobs and luggage tags identical to Vistara’s. The airline had filed a trademark infringement lawsuit against the e-commerce company. Vistara had complained that the e-commerce company used luggage tags and key fobs bearing its brands in the same color combination. According to the airlines, these products were sold worldwide.
Hearing the case, Judge Navin Chawla noted that use of the Vistara marks not only amounted to infringement and deception, but would result in brand dilution. “It is also likely to sow deception and confusion in the mind of the unwary consumer,” he said. “Airports are an incredibly critical hub not only for travel, but also for trade and commerce; any breach of security, particularly in allowing the sale of vagrancy-infringing goods, would turn a blind eye to the obvious wrongdoings of the defendant,” the court said. said.
The HC further observed that the company selling Vistara-branded luggage tags and key fobs was raising domestic and international security concerns at airports. She found that the airline was the registered owner of the Vistara marks and that the seller had no justification for adopting an identical mark for the sale of the goods in question. “In view of the foregoing, the plaintiff is entitled to a decree in his favor in terms of prayers … against the defendant,” the court said.
“…the plaintiff is entitled to damages and costs in the amount of Rs 20 Lakh (Rupees Twenty Lakh only),” the court said.
HC management came on a trademark infringement suit filed by Tata Sia in 2020. Tata Sia, a joint venture between Tata Sons and Singapore Airlines, operates Vistara. The airline had received reports of the sale of Vistara-branded key fobs and luggage tags in July 2020.