Will not claim trademark rights over "Fly Higher" slogan: Vistara to Delhi High Court

Vistara Airlines recently told the Delhi High Court that it will not claim any trademark rights in the expressions "Fly High" or "Fly Higher" [Frankfinn Aviation Services Private Limited v TATA Sia Airlines Ltd]. .The undertaking was given before the bench of Justice Prathiba M Singh in a trademark suit filed by Frankfinn Aviation Services, which trains people in fields like aviation and hospitality.In its suit, Frankfinn had staked a claim to trademark rights in the expression "Fly High." The suit was filed after Vistara started using the "Fly Higher" slogan in an advertisement campaign launched in 2018. In February 2022, the High Court restrained the airline from using the slogan after Frankfinn moved the Court for relief. This order was vacated in November 2022..To put an end to the dispute, Vistara proposed a solution to Frankfinn in July this year. The Tata-owned airline said it would not file any application to register "Fly High" or "Fly Higher" as a trademark if Frankfinn agrees that the use of the two marks in Vistara's advertising campaigns would not constitute trademark use..In an order dated December 4, Justice Singh noted that Frankfinn Aviation has agreed to not object to a non-trademark use of the slogans.It also recorded that Vistara has accepted that it would not use the expression "Fly Higher" in a trademark sense. Vistara added that it would not oppose Frankfinn Aviation’s trademark claim for the slogan "Fly High."“However, the Defendant (Vistara) is free use 'Fly High' or 'Fly Higher' in a non-trade mark sense as also as a part of keywords, advertising campaigns and hashtags. Plaintiff (Frankfinn) has no objection in this respect,” the Court recorded..The Court further clarified that these terms are binding only on the immediate parties and “shall not be read against any other entities including group companies.”On these terms, the suit filed by Frankfinn Aviation in 2022 was disposed of by the High Court. .Advocates Kapil Midha and Samiksha Gupta represented Franfinn Aviation Services. Advocates Kruttika Vijay, Aditya Gupta and Mukul Kochhar represented TATA Sia Airlines (Vistara). .[Read Order]