IndiGo sues Mahindra over ‘6E’ trademark conflict in BE 6e electric SUV name

IndiGo, India’s largest airline, has filed a trademark infringement lawsuit against Mahindra Electric Automobile Limited over the use of the '6E' mark in Mahindra’s newly announced electric SUV, BE 6e. The lawsuit, which was filed in the Delhi High Court on December 4, 2024, alleges that Mahindra’s use of ‘6E’ in the name of its vehicle violates IndiGo's established trademark. IndiGo has been using ‘6E’ as its callsign for its airline operations for over 18 years.

IndiGo operates under the '6E' callsign, which is a key element of its branding and has been associated with a wide range of services. These services include 6E Prime, which provides premium offerings such as priority boarding and seat selection, 6E Flex, which offers flexible rescheduling and cancellation options, and 6E add-ons, which provide customizable services like extra baggage, pre-booked meals, and lounge access. IndiGo’s trademark ‘6E Link’ was registered in 2015 under various classes, including those for transportation and advertising services. IndiGo claims that Mahindra’s use of ‘6E’ in its electric vehicle name could cause confusion and harm to its established reputation.

The trademark dispute arose after Mahindra Electric was granted approval to register the ‘BE 6e’ trademark on November 25, 2023, under Class 12, which covers motor vehicles and related components. Mahindra’s BE 6e is part of the company’s Electric Origin portfolio, and the electric SUV is expected to be launched in February 2025. The ‘BE 6e’ name was registered for use in connection with motor vehicles, and Mahindra has stated that it intends to use the name specifically for the BE 6e model and other vehicles in its electric SUV range.

Mahindra has argued that the ‘6e’ mark in the BE 6e name does not overlap with IndiGo’s ‘6E’ callsign, as the two companies operate in completely different sectors. IndiGo is an airline, while Mahindra is in the automobile industry. Mahindra further emphasized that its use of ‘6e’ as part of the vehicle’s name is distinct from IndiGo’s use of ‘6E’ in aviation, and therefore, there is no risk of consumer confusion. The company also stated that it did not intend to infringe on IndiGo’s trademark and has initiated discussions with the airline to resolve the issue amicably.

IndiGo, however, has maintained that the ‘6E’ mark is integral to its brand identity and global recognition. The airline's spokesperson stated that the ‘6E’ mark has been in use for over 18 years and has a strong association with its services. IndiGo has made it clear that any unauthorized use of this trademark, whether standalone or in combination with other elements, constitutes an infringement on its intellectual property rights and could damage its brand and reputation. IndiGo has indicated its commitment to taking all necessary steps to protect its trademark and brand identity.

The case is scheduled to be heard on December 9, 2024. The initial hearing took place before Justice Amit Bansal, who recused himself from hearing the matter. The outcome of this case could have significant implications for the protection of trademarks, particularly in instances where brands with similar elements are used across different industries.