The Delhi High Court has stopped a travel agency from using the 'Vistara' name under which Tata-SIA Airline operates its flights and asked it to pay a cost of Rs three lakh for infringement of the trademark.
Justice Pratibha M Singh issued the direction in an ex-parte order by which the travel and ticketing company and its agents were injuncted (restrained) from directly or indirectly using the 'Vistara' trademark.
The court also allowed the airline to transfer to itself the domain names containing the name 'Vistara' which were being used by the travel company and permitted it to move the Registrar of Companies for cancellation of the corporate name of the agency by deleting the word 'Vistara' from it.
"The defendant (travel company) having used the mark 'Vistara' for the last two years and having registered a company in the name of Vistara International Private Limited, are thus liable to pay costs and damages," the court said.
It passed the order after noting that the defendant company's name was identical to the 'Vistara' trademark of Tata-SIA Airline and the services are also "cognate and allied".
"The word 'Vistara' being a registered trademark cannot be used by the defendants, especially in respect of travel and allied services. The use of the trademark 'Vistara' constitutes infringement of the plaintiff's (Tata-SIA) statutory rights.
"Considering that in the travel industry a large number of services are rendered online, there is a very high chance of customers being confused into mistaking that the defendants are either a branch of the plaintiff or are affiliated/sponsored by the Plaintiff. The same is likely to result in confusion and deception." the court said.
The order came on Tata-SIA's plea alleging infringement of its trademark and seeking to restrain the defendant company from using the name 'vistara'.
The court said since the mark, the services and the class of customers were identical, hence a decree for permanent injunction as sought by the airline was liable to be granted.
It also noted that the defendant company's website was initially a different layout and colour scheme but it had recently switched to purple/aubergine colour, similar to that of the airline website.
"This clearly shows the dishonesty of the defendants," the court said, adding "the suit is decreed for a sum of Rs two lakh as damages and court fee deposited to the tune of Rs one lakh is also liable to be paid by the defendants as cost.
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