Delhi High Court restrains Kannada news network from using Vistara mark after airline filed infringement suit

The Delhi High Court on Tuesday passed an interim order restraining a Karnataka-based news network called Vistara News from using the trademark ‘Vistara’ after Tata SIA Airlines (owners of Vistara Airlines) filed a trademark infringement suit [Tata SIA Airlines Limited v. Vistara Media Private Limited]..The network has been restrained from using the variations of ‘Vistara’ even in vernacular languages, including Kannada..Justice Jyoti Singh passed the order noting that a prima facie case was made out by Tata SIA, balance of convenience lay in the company's favour and that it was likely to suffer irreparable harm in case the injunction is not granted.“Accordingly, till the next date of hearing, Defendant and all others acting for and on its behalf are restrained from using Plaintiff’s registered and well-known trademark VISTARA, in any form or manner whatsoever, including but not limited to its variations in vernacular languages such as Kannada, amounting to infringement and are also restrained from passing off its services or goods as that of the Plaintiff (Tata SIA Airlines),” the court ordered..Tata SIA approached the Court stating that it is the registered proprietor of the trademark ‘Vistara’ and has an exclusive right to use and protect the same from infringement by third parties.Being a declared well-known trademark, Vistara is entitled to the highest degree of protection, the Court was told.It was further argued that the defendant (Vistara News) has dishonestly copied the trademark in its entirety and can have no plausible reason for its adoption.The suit stated that it is manifestly clear that the intention is to confuse the customers into believing that the services and packages offered by the defendant originate from the plaintiff..The Court also issued summons to the defendants, directing them to file their written statements within 30 days.The matter will be placed before the Joint Registrar on February 1, 2023..Vistara was represented by team from Anand & Anand comprising Pravin Anand, Achuthan Sreekumar and Rohil Bansal, along with in-house counsel Shashank Jain and Chirag Gupta. .[Read Order]