Delhi HC Imposes Rs 20 Lakh Costs On Chinese E-Commerce Platform In Vistara Trademark Infringement Case
The Delhi High Court has imposed Rs. 20 Lakh cost on a Chinese e-commerce platform, namely AliExpress, for selling keychains and baggage tags bearing 'VISTARA Marks'.
"Considering the fact that the plaintiff is the registered proprietor of the 'VISTARA Marks' and none has entered appearance for the defendant, this Court is of the opinion that the defendant has no justification for the adoption of an identical trade mark for sale of their goods." the Bench of Justice Navin Chawla observed while ruling in favor of Vistara.
It was the case of Plaintiff-Tata Sia Airlines Limited, that despite the e-commerce platform being based mostly in China, the website contained several listings of baggage tags and keychains bearing the 'VISTARA Marks' in the aubergine and gold colour-combination without the authorization of the plaintiff which were eligible for shipping to India.
Advocate Mukul Kochhar appearing for the plaintiff submitted that the adoption of 'VISTARA Marks' vis-à-vis sale of baggage tags and keychains bearing not only the same trade marks but also the same trade dress as that of the plaintiff amounts to infringement, passing off, dilution and unfair competition.
It was further submitted that there is a high chance of confusion on account of adoption of the same marks as also trade dress of the plaintiff amongst general public.
The High Court noted that the use of VISTARA Marks not just amounts to infringement and passing off of the mark of the plaintiff but would cause dilution of the mark of the plaintiff.
The Court further observed that "Airports are an incredibly critical junction of not only travel but also of trade and commerce; any lapse in security, especially by permitting the sale of vagrantly-infringing goods, would be turning a blind eye to obvious wrongdoings of the defendant."
"Considering the fact that the plaintiff is the registered proprietor of the 'VISTARA Marks' and none has entered appearance for the defendant, this Court is of the opinion that the defendant has no justification for the adoption of an identical trade mark for sale of their goods.", the Court held.
The Court disposed of the petition while holding Tata Sia Airlines Limited entitled to damages and costs quantified at Rs. 20 Lakh.
Cause Title- Tata Sia Airlines Limited v. Shenzhen Coloursplendour Gift Co Ltd & Anr.
Click here to read/download the Judgment