High Court restrains portal from using ‘Vistara’ mark for selling products

The Delhi High Court citing the fact that the mark Vitara has become quite popular & has acquired a unique status, restrained an aviation studies portal from using the mark permanently.

Justice Pratibha M Singh also directed M/s Pilot18 Aviation Book Store – which operates an aviation studies portal named as http://www.pilot18.com – & its owner to pay costs of ₹ 2 lakh to Tata SIA Airlines Ltd – a Joint Venture of TATA Sons Private Ltd & Singapore Airlines Ltd.

High Court stated, “The mark Vistara is quite popular in India & has acquired a unique status. It is a distinctive mark that enjoys enormous goodwill & reputation in the airline, travel & tourism industry. Use of this mark, even in respect of unrelated services would create confusion & deception. It deserves to be declared as a well-known mark.”

Since 2014, Tata SIA Airlines Ltd, is using the mark ‘Vistara’ for airline services.

Tata SIA Airlines Ltd, the operator of Vistara Airlines, moved the Court seeking to restrain the aviation portal from selling of ‘Vistara’ branded products on its website as well as on e-commerce portals like Amazon and Snapdeal, following which the court gave this order.

The http://www.pilot18.com claimed before the High Court that they have not used the trademark ‘Vistara’ & that the airline company has concocted a false story.

A Local Commissioner was appointed by the Court to look into the matter, who found a large number of products bearing the mark ‘Vistara’ being used by the portal. The portal’s owner didn’t accept the same & claimed themselves to be innocent.

In the given order the Court noted that, “a perusal of the statement (portal’s owner) shows that the plea taken in the written statement was false, i.e., that the mark ‘Vistara’ has not been used by the defendants (portal & its owner). This is a grave misstatement made by the Defendants in the face of the Commissioner’s report & in the face of the admission in the statement recorded on 25th July, 2019.”

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