Vistara wins trademark infringement suit against Chinese e-commerce firm AliExpress

New Delhi: The Delhi High Court (HC) has imposed a cost of Rs 20 lakh on Chinese e-commerce platform AliExpress for selling keychains and baggage tags identical to Vistara's. The airline had filed a trademark infringement suit against the e-commerce firm. Vistara had complained that the e-commerce company was using the baggage tags and keychains bearing its marks in the same colour combination. According to the airlines, these products were being sold worldwide.
 
Hearing the case, Justice Navin Chawla noted that the use of the Vistara marks not only amounted to infringement and passing off but would cause dilution of the mark. "It is also likely to cause deception and confusion in the mind of the unwary consumer," he said. "Airports are an incredibly critical junction of not only travel but also of trade and commerce; any lapse in security, especially by permitting the sale of vagrantly-infringing goods, would be turning a blind eye to obvious wrongdoings of the defendant," the court said.
 
The HC further observed that the company selling Vistara mark-bearing baggage tags and keychains gave rise to national and international security concerns at airports. It opined that the airline was the registered proprietor of Vistara marks, and the seller had no justification for the adoption of an identical trademark for sale of the goods in question. "In view of the above, the plaintiff is held entitled to a decree in its favour in terms of prayers...against the defendant," the court said.
 
"...the plaintiff is held entitled to damages and costs quantified at Rs 20 Lakh (Rupees Twenty Lakh only)," the court said. 
 
The HC's direction came on a trademark infringement suit filed by Tata Sia in 2020. Tata Sia, a joint venture between Tata Sons and Singapore Airlines, operates Vistara. The airline had received information about the sale of keychains and baggage tags bearing the Vistara marks in July 2020.