The Hindu Business Line

HC re­strains por­tal from sell­ing fake ‘Vis­tara’ prod­ucts

- Airlines · Transportation · Industries · New Delhi · SpiceJet · Air India · India · Amazon · Vistara · Singapore Airlines · Jet Airways

The Delhi High Court has re­strained an avi­a­tion stud­ies por­tal from of­fer­ing coun­ter­feit ‘Vis­tara’ branded prod­ucts by the Delhi High Court, which said that it poses se­cu­rity risks at air­ports as it is a dis­tinc­tive Tata-SIA air­line trade­mark.

The High Court said that Pi­lot 18 Avi­a­tion Book Store, which op­er­ates the web por­tal www.pi­, was not just sell­ing prod­ucts bear­ing the mark ‘Vis­tara’ but also prod­ucts of var­i­ous other air­lines in­clud­ing Jet Airways, SpiceJet and Air In­dia and this posed a se­ri­ous se­cu­rity threat.

Jus­tice Prathiba M Singh di­rected Pi­lot 18 to pay ₹2 lakh as cost to the op­er­a­tor of Vis­tara Air­lines within a month.

The court’s or­der came while de­cid­ing a suit filed by Tata SIA Air­lines seek­ing to re­strain the por­tal from us­ing its trade­marks and sell­ing badges, name tags and other ac­ces­sories, in­clud­ing mugs and bag­gage tags, bear­ing the mark ‘Vis­tara’ with an iden­ti­cal de­vice mark/logo form.

The plain­tiff said it came to know in Fe­bru­ary about ‘Vis­tara’ branded prod­ucts on the web­site of the de­fen­dants as also on var­i­ous e-com­merce portals such as Ama­zon and Snapdeal.

Jus­tice Singh took strong ex­cep­tion to the in­cor­rect state­ment made by the por­tal that they have never used the trade­mark ‘Vis­tara’. This con­sti­tutes per­jury, the court said.

The por­tal owner was not only li­able to be per­ma­nently in­juncted from us­ing the mark ‘Vis­tara’ but also li­able to pay costs and dam­ages.

“The mark Vis­tara has ac­quired a unique sta­tus. Use of this mark, even in re­spect of un­re­lated ser­vices, would cre­ate con­fu­sion and de­cep­tion.” the court said.

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