Mahindra undertakes to not use '6E' mark till disposal of IndiGo suit before Delhi High Court

Automobile manufacturer Mahindra on Monday told the Delhi High Court that it would not use the '6E' trademark for its upcoming electric vehicle (EV) BE 6E till the disposal of IndiGo airline's trademark infringement suit against it (Interglobe Aviation v. Mahindra Electric Automobile Ltd)..The company has, however, decided to contest the suit on merits.Mahindra made this decision even as it renamed its EV to 'BE 6' and released a press statement to this effect on December 7. Owing to this statement, the Court disposed of the application for interim orders and adjourned the case to April 2025 for final hearing.Justice Mini Pushkarna said,"While they (Mahindra) wish to contest the present matter, they have renamed the vehicle to BE 6E to BE 6. They have unilaterally changed the name of the vehicle and shall not use it till disposal of the suit. Accordingly, defendants are bound by the undertaking."The Court also registered IndiGo's plaint and directed completion of the pleadings by the time the case comes up for hearing in April. .According to media reports, Mahindra on December 7 said that it would rename its newly launched electric SUV 'BE 6E' as only 'BE 6' amid the trademark tussle with IndiGo. In the same press release, Mahindra said that it would continue to fight InterGlobe Aviation (IndiGo) for the trademark 'BE 6E'..IndiGo operates under the callsign "6E," which forms a cornerstone of its branding and passenger services. The airline has leveraged the "6E" designation across several customer-focused offerings to enhance its service portfolio.In 2015, IndiGo registered the trademark “6E Link” under multiple classes, ensuring exclusive rights to use the term across various categories. These include advertising (Classes 9 and 35), transportation (Class 39), and printed materials (Class 16). These registrations firmly establish the "6E" brand as an integral part of IndiGo’s identity within the airline industry and related services, the suit stated..On November 25, the Registrar of Trademarks approved Mahindra Electric’s application to register “BE 6E” under Class 12. This class covers motor vehicles and related components, excluding two-wheelers and their electric counterparts. If the registration is finalised, Mahindra would be allowed to use the term for a wide range of products, including electric cars, buses and tractors..This action by the Registrar of Trademarks prompted IndiGo to file a suit in the Delhi High Court. .On December 3, the case came to be listed before Justice Amit Bansal, who recused himself from hearing the matter..Indigo was represented by Senior Advocates Mukul Rohatgi and Sandeep Sethi with Advocates Aditya Gupta, Mukul Kocchar and Chhavi Tokas from Ira law. Mahindra was represented by Senior Advocate Chander M Lall