India’s largest airline, IndiGo, has initiated legal action against Mahindra Electric Automobile Limited, filing a trademark infringement suit in the Delhi High Court regarding the use of “6E” in its upcoming electric car, the Mahindra BE 6E. This model is set to launch on Indian roads in February 2025, according to Bar and Bench.
The case was brought before Justice Amit Bansal on Tuesday, but the judge recused himself from hearing it. The matter is scheduled for a hearing on December 9.
In court, Senior Advocate Sandeep Sethi, representing IndiGo, revealed that Mahindra had approached the airline the previous evening to discuss the issue in an effort to reach an amicable resolution.
The Dispute Over ‘6E‘
IndiGo Airlines has operated under the callsign “6E,” which is not only integral to its branding but also encompasses various passenger services designed to enhance the travel experience. These services include 6E Prime, which offers benefits such as seat selection and priority check-in, and 6E Flex, which provides unlimited flexibility for rescheduling and cancellations. Additionally, the “6E” brand features customisable options for travellers, including extra baggage and meal pre-booking.
IndiGo secured registration for the trademark “6E Link” under multiple classes in 2015, covering areas such as electronic advertising, transport services, and printed materials. Specifically, the airline’s rights under these classifications include:
– Class 9: Electronic advertising displays and illuminated signs
– Class 35: Advertising services, including online and television ads
– Class 39: Airline services for passenger and cargo transport
– Class 16: Printed advertising materials like pamphlets and hoardings
On November 25, Mahindra Electric’s request to register the word mark “BE 6E” in Class 12 was accepted by the trademark registrar. If granted, this registration would allow Mahindra to utilise “6E” for a range of motor vehicles, including electric and internal combustion engine-powered vehicles across various categories, excluding two-wheelers.
The Mahindra BE 6E has attracted significant online attention for its innovative design and advanced features, although bookings have yet to open, with deliveries expected to begin in February 2025.
Next Steps
IndiGo is seeking relief from the Intellectual Property division of the Delhi High Court regarding this trademark dispute. Advocacy for IndiGo is led by Senior Advocate Sethi, who is supported by a team from Ira Law, including Advocates Aditya Gupta, Mukul Kocchar, and Chhavi Tokas.
M&M on 6E
Mahindra spokesperson commented on the issues stating, “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.
“Hence, we don’t see a conflict as Mahindra’s mark is “BE 6e,” not the standalone “6E.” It differs fundamentally from Indigo’s “6E,” he states further.