The Hindu Business Line
HC restrains portal from selling fake ‘Vistara’ products
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.pilot18.com, 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.