IndiGo takes Mahindra Electric to Delhi High Court over use of ‘6E’ in its new electric car

India’s largest airline IndiGo has filed a suit before the Delhi High Court for infringement of trademark against Mahindra Electric Automobile Limited for using ‘6E’ in its new electric car called Mahindra BE 6E, which is expected to hit the Indian roads in February 2025 [Interglobe Aviation Vs Mahindra Electric Automobile Ltd]..The case came up before Justice Amit Bansal on Tuesday. However, the judge chose to recuse from hearing the matter. The case is now expected to come up for hearing on December 9. Meanwhile, Senior Advocate Sandeep Sethi, who appeared for IndiGo informed the Court that Mahindra had reached out to the airline last evening and an effort is being made to discuss the issue. .The dispute over 6EIndiGo Airlines operates under the callsign "6E," which is not only its official designator but also a key element of its branding. The "6E" brand encompasses a range of passenger-centric services designed to enhance the travel experience. These include 6E Prime, offering benefits like seat selection, priority check-in, and complimentary snacks, and 6E Flex, which allows for unlimited rescheduling and cancellation flexibility. Additionally, 6E add-ons provide travellers with customisable options such as extra baggage, pre-booked meals, and lounge access..IndiGo obtained registration for the word mark ‘6E Link’ under classes 9, 35, 39 and 16 about a decade ago in 2015. Trademark classes are categories used to organise and classify goods and services for trademark registration. This classification system helps businesses and intellectual property offices determine the scope of protection for a trademark.Under class 9, Indigo is permitted to use 6E for electronic advertising display, illuminated advertising signs, illuminated signs used for advertising. Under class 35 Indigo is permitted to use the mark for banner advertising, online advertising, television advertising, advertising services relating to transport and delivery services.Under class 39, Indigo is permitted to use 6E for airline services for the transport of passengers and goods. Under class 16, Indigo is permitted use the mark for printed advertising boards of paper or cardboard, advertising signs of paper or cardboard, hoardings and advertising pamphlets. .On November 25, the registrar of trademarks accepted Mahindra Electric’s request to register the word mark ‘BE 6e’ in class 12. If registered, Mahindra will be permitted to use 6e for a wide range of motor vehicles and related components, including land vehicles, off-road and utility vehicles, electric and internal combustion engine-powered vehicles, buses, trucks, tractors, and parts, excluding two-wheelers like motorcycles, scooters, and mopeds, along with their electric counterparts and associated engines and component.Their recently unveiled electric car called Mahindra BE 6e had taken the internet by storm for its unique design and tech loaded features.Though the car was unveiled, its booking is yet to open and deliveries are likely to commence only in February next year. .IndiGo has challenged this development and approached the IP division of the Delhi High Court for relief. Senior Advocate Sethi (for IndiGo) was briefed by Advocates Aditya Gupta, Mukul Kocchar and Chhavi Tokas from Ira law.