IndiGo sues M&M for trademark infringement over use of ‘6E’ for its EV

InterGlobe Aviation Ltd, which runs India’s largest airline IndiGo, has filed a trademark infringement case against Mahindra Electric Automobile Ltd in the Delhi High Court over the use of ‘6E’ in the automaker’s upcoming electric car model BE 6e, slated for deliveries in late February next year.

IndiGo claims that ‘6E,’ a key element of its branding and call sign, is protected under trademark laws and has sought an injunction against Mahindra from using the designation.

Mahindra and Mahindra, the parent of Mahindra Electric Automobile, said that the styling of the two monikers – IndiGo’s standalone ‘6E’, and Mahindra’s BE 6e – differs fundamentally, adding that it is in discussions with InterGlobe Aviation to resolve the dispute amicably.

The case was initially listed before Justice Amit Bansal, but the judge recused himself from the hearing on Tuesday. The matter is now scheduled to be heard on 9 December by a new bench.

It may be noted here that Mahindra’s SUV brand name sports a “6E” in small-case.

The arguments

The airline’s call sign “6E” is said to be central to its branding, representing a suite of passenger-focused services such as 6E Prime, which offers benefits like priority check-in and seat selection, and 6E Flex, allowing for flexible rescheduling and cancellations. Additionally, other 6E-branded add-ons are said to enhance the customer experience by offering customizable options, including lounge access and extra baggage allowances.

“Mahindra revealed its electric origin SUVs the BE 6e and XEV 9e on November 26, 2024. Mahindra has applied for trade mark registration under class 12 ( vehicles) for ‘BE 6e’, a part of its electric origin SUV portfolio. We, hence, don’t see a conflict as Mahindra’s mark is ‘BE 6e’, not the standalone ‘6E’. It differs fundamentally from Indigo’s ‘6E’, which represents an airline, eliminating any risk of confusion. The distinct styling further emphasizes their uniqueness,” a Mahindra spokesperson said in a statement.

“We have taken on board the concerns that InterGlobe Aviation Limited have to infringement of their goodwill, which was not our intention. We are engaged in discussions with them to find an amicable solution”, the spokesperson added.

In response to Mint’s emailed queries, InterGlobe Aviation said that the “6E” mark is an integral part of IndiGo’s identity for the past 18 years and is a registered trademark that holds strong global recognition. The “6E” mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and for goods and services provided in collaboration with trusted partners.

“Any unauthorized use of the “6E” mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. IndiGo is committed to taking all necessary and appropriate steps to safeguard its intellectual property and brand identity,” a company spokesperson said.

The Trademarks Act, 1999 provides for a classification system for goods and services. There are 45 trademark classes in total: classes 1 to 34 are for goods, while classes 35 to 45 are for services. These classes help businesses categorize their products and services when filing for a trademark, ensuring proper protection under the law.

According to media reports, IndiGo had registered the trademark ‘6E Link’ in 2015 under multiple classes, including Class 9 for advertising, Class 35 for promotional services, Class 39 for transport, and Class 16 for printed advertising materials. On the other hand, Mahindra received approval of the trademark registrar on 25 November 2023 to register ‘BE 6E’ under Class 12, covering motor vehicles and related components.

According to legal experts, Mahindra’s decision to use ‘6e’ was legally risky, and it may struggle to defend its case in the trademark infringement lawsuit.

“Choosing ‘6E’ is a surprising and risky decision for Mahindra. Just because IndiGo doesn’t sell vehicles directly doesn’t mean its ‘6E’ brand is up for grabs. IndiGo operates in a related transport sector, including airport buses and cars, which could establish a connection to Class 12 goods. The argument that ‘BE 6E’ is distinct from ‘6E’ isn’t convincing, as ‘BE 6E’ can be seen as a derivative. It’s like saying ‘BE XUV’ for a taxi service wouldn’t infringe on (Mahindra’s) ‘XUV’ trademark,” explained Sudarshan Singh Shekhawat, founder of Shekhawat Law.

“The biggest question this trademark battle raises is whether a trademark monopoly can be considered class or industry-agnostic, solely based on its proximity to brand identity,” said Shryeshth Sharma, partner at SKV Law Offices.

The experts highlighted that this is not the first trademark dispute involving IndiGo and the automobile sector.

In 2015, around the time of its IPO, Tata Motors claimed IndiGo infringed on its trademark, as Tata had launched its sedan “Indigo” in 2002. Despite notices from Tata in 2005, IndiGo continued using the trademark. Additionally, in 2016, Go Holdings (owner of Go Air) sued IndiGo over the use of its prefix “Go,” seeking to rename the airline “Indi” to avoid confusion. However, this case focused on the use of a prefix, not full trademark infringement.

Mahindra’s BE 6e is gaining in popularity as a futuristically-designed sports e-SUV. The brand name “BE” is pronounced “Be”, and with “6e” is a play on “Be Sexy”.

The car is one of five all-electric models that Mahindra plans to launch by 2028. Its BE line-up will include models named BE 5e, BE 7e etc, while Mahindra’s other EV brand, XEV, saw its first launch under the XEV 9e nameplate.

To be sure, Mahindra had initially showcased these models with different nameplates, such as BE.05 and XUV.e9.