Somewhere we knew this was coming. India’s largest airline Indigo has sued Mahindra Electric for trademark infringement, in the Delhi High Court. The suit is regarding the use of ‘6E’ in the name of its newest electric SUV- the BE 6e. As the SUV expects a market launch in February next year, the new lawsuit adds more heat to the product.
The case [Interglobe Aviation Vs Mahindra Electric Automobile Ltd] came before Justice Amit Bansal on Tuesday. Interglobe Aviation is the parent company of Indigo Airlines. The judge, however, chose to recuse from the hearing and postponed it to December 9, 2024.
Senior Advocate Sandeep Sethi appeared for Indigo. In a later interaction with the media, he said that Mahindra had reached out to the airline to discuss the issue further.
Indigo Fights Mahindra For 6E (Interglobe Aviation Vs Mahindra Electric Automobile Ltd)
To give you some context, Indigo is the country’s largest airline and operates under the call sign 6E. The airline company has made the call sign an integral part of its branding. Every flight is called ‘ Indigo 6E xxxx’ where xxxx will denote the flight number. All the official branding campaigns, flyers, social media content and hoardings make use of this ‘6E’ word mark.
The airline further has a range of value-added passenger services and privilege services branded under or with the ‘6E’ word mark- 6E Prime and 6E Rewards for example. These offer additional benefits like seat selection, priority check-in, and complimentary snacks. There is even something called the ‘6E Flex’ which gives the option to reschedule and cancel flights flexibly. 6E Add-ons, another example, provides fliers with the option to choose extra baggage, pre-booked meals, and lounge access.
In short, if you fly an Indigo, you’ll read ‘6E’ at least 10 times. That is the extent to which the lettering is entangled with the brand. Interglobe bagged the rights for the word mark ‘6E Link’ in 2015. The classes involved were 9, 35, 39 and 16. These combined, would let the airline use the ‘6E’ word in advertising on various digital and physical platforms, and to denote airline services.
On November 25 this year, the trademarks registry granted Mahindra Electric the rights to use the word mark ‘BE 6e‘, under class 12. An approval here meant that Mahindra could use the name for its range of automotive models. The Indian carmaker ended up using the name for its newest electric SUV. Built on the in-house developed INGLO platform and with 282 hp on tap, this vehicle has taken the internet by storm and is currently generating huge customer interest. It will be available with two battery packs- 59 kWh and 79 kWh.
Backing the excitement is the BE 6e’s radical design and feature-packed cabin. Bookings for the BE 6E are yet to begin and deliveries are expected by February 2025.
Apparently alarmed by the development, Indigo approached IP division of the Delhi High Court. The company’s lawyer pleaded that Mahindra’s use of the word mark could create confusion among buyers and potentially dilute their brand identity.
What Mahindra Has To Say About This?
Mahindra seems to have ample clarity on the issue and has issued a statement saying that there is no conflict involved unlike what’s being suggested by some media reports. The official statement from M&M reads:
“Mahindra revealed its electric origin SUVs the BE 6e and XEV 9e on November 26, 2024. Mahindra has applied for trade mark registration under class 12 (vehicles) for “BE 6e” a part of its electric origin SUV portfolio.
We hence don’t see a conflict as Mahindra’s mark is “BE 6e,” not the standalone “6E.” It differs fundamentally from Indigo’s “6E,” which represents an airline, eliminating any risk of confusion. The distinct styling further emphasizes their uniqueness.
We have taken on board the concerns that InterGlobe Aviation Limited has to infringement of their goodwill, which was not our intention. We are engaged in discussions with them to find an amicable solution.”
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