Fight for 6E is giving Mahindra vehicle free publicity, say brand experts

Meanwhile, as the fight continues in the Delhi High Court, Mahindra said in a statement on Saturday, "We are hence taking the decision to brand our product the BE 6

The legal battle between Mahindra Electric Automobile and IndiGo Aviation over ‘6e’ continues in court, and brand experts believe the case is unlikely to stand up in law. However, Mahindra is receiving free publicity from this trademark infringement fight.

 

As the case progresses in the Delhi High Court (HC), Mahindra issued a statement on Saturday, saying, “We are hence taking the decision to brand our product BE 6.”

 

However, brand experts argue that since both companies operate in different sectors, there should not be any legal issues.

 

“Ideally, there shouldn’t be confusion, as they don’t operate in the same segment unless IndiGo plans to enter the car market, and vice versa. Everyone is being cautious about their brand,” said N Chandramouli, chief executive officer (CEO) of TRA Research.

 

 

He added that while everyone is being cautious about their brand, the use of ‘6e’ by Mahindra is not necessarily against the law. “It depends on what the court decides, and Mahindra Electric Automobile can prove in court that it will not harm its brand name.”

 

Devangshu Dutta, CEO of Third Eyesight, also said that there are several instances where brands and trademarks overlap. “From a marketing perspective, Mahindra Electric Automobile is getting free publicity from this fight. IndiGo’s position in this argument will depend on whether it has registered ‘6e’ as a trademark.”

 

Sandeep Goyal, chairman of Rediffusion, believes this is an interesting case. He said, “I’m not sure if ‘6e’ as a combination is registrable. However, IndiGo may well have secured the intellectual property (IP), though the trademark may not extend to automobiles.” He further added, “I’m sure Mahindra must have done its homework before using 6e in its vehicle name — it’s too public to risk unless it was unfettered and cleared by their lawyers.” 

 

In its statement released on Saturday, Mahindra also said it has applied for trademark registration under Class 12 (vehicles) for ‘BE 6e’ as part of its electric sport utility vehicle portfolio. “The mark ‘BE’ is already registered with Mahindra in Class 12, and it stands for our Born Electric platform underpinning the BE 6e.”

 

“We believe it differs fundamentally from IndiGo’s ‘6e’, which represents an airline, eliminating any risk of confusion,” it added.

 

The statement also noted that, in the past, Tata Motors had objected to InterGlobe Enterprises using the IndiGo mark due to the Tata Indigo car brand. InterGlobe continues to use the IndiGo mark in a different industry. “We, therefore, find their objection to BE 6e inconsistent with its own previous conduct,” the statement said.

 

Last week, IndiGo released a statement saying that the ‘6e’ mark has been an integral part of IndiGo’s identity for the past 18 years and is a registered trademark with strong global recognition. “The ‘6e’ mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and goods and services provided in collaboration with trusted partners.”

 

It added that any unauthorised use of the ‘6e’ mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. “IndiGo is committed to taking all necessary and appropriate steps to safeguard its IP and brand identity,” the statement said.

 

The case will be heard in the Delhi HC on Monday.