It’s been just over a week since Mahindra revealed its Born Electric SUVs- the BE 6e and XEV 9e- both based on the carmaker’s indigenously developed INGLO platform. The SUV duo took internet by storm. The BE 6E in particular garnered immense attention with its striking design and jaw-dropping specifications. The ex-showroom starting price of Rs 18.90 lakh further added to its appeal. Soon after it rose to acceptance, Indigo took to court, suing Mahindra for trademark infringement. This has now made Mahindra change the name of BE 6E to just BE 6. There are, however, more things to know about this.
This name change and rebranding have been implemented to facilitate a smooth market launch for the SUV, which in itself is a promising product. Mahindra is determined to contest the right to use the BE 6e name, in the court, and this renaming could likely be a transient. If they win the lawsuit, the SUV could get its ‘6E’ (pun intended) name back.
Interglobe Aviation Vs Mahindra Electric Automobile Ltd: What’s The Case All About?
The Interglobe Aviation Vs Mahindra Electric Automobile Ltd is a legal battle that’s now being watched closely by many, as it involves two of giants of Indian business landscape- the country’s largest airline and India’s largest SUV manufacturer. Should you wonder what this fuss is all about, here’s some context.
InterGlobe Aviation Limited- the parent company of Indigo Airlines, owns the rights to the wordmark ‘6E’. The airline operates under the call sign 6E and has smartly integrated the same into its branding entirety as well. Every Indigo flight is called ‘Indigo 6E xxxx’ where xxxx denotes the flight number. When was the last time you heard ‘ Thank you for flying 6E’?
The airline further offers a range of value-added and customer loyalty/ privilege services with the 6E name in it- the 6E Flex, 6E Add-ons, 6E Prime and 6E Rewards to cite a few examples. The wordmark thus is an integral part of the airline’s identity. Interglobe bagged the rights for the word mark in 2015, under the classes 9, 35, 39 and 16.
Indigo fears that Mahindra’s use of the 6E wordmark could confuse buyers and dim its brand identity, and argues that such a move would be a violation of the IP act. But is this the case?
Well, Mahindra in an official statement, clarified that their registration of the trademark is under the class 12 section. It permits the use of the name on automotive models, and further they have registered the word mark ‘ BE 6E’ and not just ‘6E’. Indigo seems to be unhappy with the explanation and plans to move further legally. The SUV manufacturer is also known to be in talks with the airline company regarding the dispute.
This case raises questions about trademark rights and their scope across various industries. If Mahindra already owns the rights for the word mark under class 12, it should have technically been a clear win for the carmaker in this suit. However, the official statement said “Mahindra has applied for trade mark registration under class 12 (vehicles) for “BE 6e” a part of its electric origin SUV portfolio.” The ‘applied’ part here calls for some confusion! It should have ideally been ‘got‘.
This is not the first time that Interglobe Aviation is getting into a legal battle with an automobile company. In 2005, they fought Tata Motors in court for the rights of the name ‘ Indigo’ as the Indian carmaker already had a sedan on sale, with the same name. Mahindra cites this instance and says that Interglobe’s objection is inconsistent with its own previous conduct- quite sensible a point!
Back then, Interglobe had finally bagged the name stating that it operated in the aviation sector while Tata Motors’ word mark was in the automobile sector. The exact same scenario exists in this case as well. We are waiting to see how this battle unfolds.
Mahindra is known to start deliveries of the ‘BE 6’ towards the end of February or early March 2025. Variant-wise prices are expected to be out closer to launch.
