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Court accepts Mahindra's undertaking to drop '6E' amid tussle with Indigo

Mahindra agrees to rebrand its electric SUV, but maintains it will challenge IndiGo's claims; next hearing in the case in April 2025

Mahindra
mahindra(Photo: Shutterstock)
Md Zakariya Khan New Delhi
3 min read Last Updated : Dec 09 2024 | 3:30 PM IST
The Delhi High Court on Monday recorded an undertaking from Mahindra Electric Automobile Ltd, ensuring it will not use “6E” trademark for its upcoming electric SUV amid the ongoing legal tussle with IndiGo over use of the alphanumeric brand name, according to media reports.
 
Mahindra confirmed that it would rename the model from "BE 6e" to "BE 6", but indicated plans to challenge IndiGo's claims in court. Meanwhile, IndiGo informed the court it would not seek an interim injunction against Mahindra.
 
After accepting the undertaking, the court disposed of IndiGo’s plea for interim relief and scheduled the matter for April 2025, according to a report in mint.
 

What is the Mahindra-Indigo 6E dispute?

The legal tussle centres on IndiGo’s claim that the "6e" mark, integral to its identity, is being infringed upon by Mahindra’s new vehicle branding.
 
The dispute arose after IndiGo, India's largest airline, raised concerns about the similarity between "BE 6e" and its callsign "6E." IndiGo, which operates under the callsign “6E” and has registered trademarks for its variants, including ‘6e Link’ across various classes, argues that Mahindra’s use of the mark risks diluting its brand identity. 
IndiGo filed the case on December 4.

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The airline argues that the “6E” trademark is a central element of its branding, beyond its role as a call sign. IndiGo stated that “6E” is synonymous with its passenger-focused offerings like 6E Prime, 6E Flex, and premium services such as lounge access and extra baggage allowances. The airline claims this mark is critical to its identity and safeguarded by trademark law.
 
IndiGo is seeking to prevent Mahindra from using any iteration of “6E,” emphasising that unauthorised use damages its intellectual property, reputation, and goodwill. According to the airline, it registered “6E Link” as a trademark in 2015 across several classes, including advertising (Class 9), promotional services (Class 35), transportation (Class 39), and printed materials (Class 16), according to a report in QRIUS.

Mahindra’s position

Mahindra had secured trademark approval for “BE 6E” under Class 12, covering motor vehicles, from the registrar on November 25, 2023. In a press release dated December 7, Mahindra announced its decision to rebrand the vehicle but reaffirmed its intent to defend against the lawsuit.
 
The company highlighted its “BE” trademark, tied to its “Born Electric” range, which includes vehicles like the BE 5E and BE 7E. Mahindra argued that the “BE 6E” designation is distinct from IndiGo’s “6E,” both in styling and industry context, as it pertains to electric vehicles rather than aviation, QRIUS reported
 
Mahindra also raised concerns about allowing monopolisation of short alphanumeric trademarks, warning that such practices could hinder innovation and create unnecessary restrictions across industries.
 
Originally, the “6E” in the BE 6E branding was intended as a lighthearted reference to the phrase “Be Sexy,” aligning with the futuristic design of the electric sports SUV. This vehicle is part of Mahindra’s broader vision to introduce five all-electric models by 2028, expanding its portfolio, which includes vehicles like the XEV 9E and prior concepts such as BE.05 and XUV.e9.
 

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Topics :Mahindra ElectricAirline IndiGoBS Web ReportsElectric vehicles sales

First Published: Dec 09 2024 | 3:22 PM IST

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