Delhi High Court orders Kannada news network not to use 'Vistara' after airline files infringement suit

Delhi High Court orders Kannada news network not to use 'Vistara' after airline files infringement suit

The matter will be placed before the joint registrar on 1 February 2023

The Delhi High Court has passed an interim order restraining Vistara News, a Karnataka-based news network, from using the trademark 'Vistara' after Tata SIA Airlines, the owners of Vistara Airlines, filed a trademark infringement suit.

In the Tata SIA Airlines Limited vs Vistara Media Private Limited case, the network has been restrained from using the variations of 'Vistara' even in vernacular languages, including Kannada.

The bench of Justice Jyoti Singh passed the order noting that a prima facie case was made out by Tata SIA. Thus, the balance of convenience lay in the company's favor. It could suffer irreparable harm in case the injunction was not granted.

The court ordered, "Till the next date of hearing, the defendant and all others acting for and on its behalf are restrained from using the 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. They are also restrained from passing off its services or goods as that of the plaintiff's."

The court issued a summons to the defendants, directing them to file their written statements within 30 days.

Tata SIA had approached the court stating it was the registered proprietor of the trademark 'Vistara' and had the exclusive right to use and protect it from third-party infringement. It argued that the defendant (Vistara News) copied the trademark in its entirety and had no plausible reason to adopt it.

The suit stated it was evident that the intention of the news network was to confuse customers into believing that the services and packages offered by the defendant originated from the plaintiff.