Delhi HC restrains Vistara Buildtech LLP from using the mark ‘VISTARA’

The Delhi High Court recently restrained Vistara Buildtech and others from using the mark ‘VISTARA’ in any manner till the next date of hearing in a plea filed by TATA SIA Airlines Ltd.

The single judge bench of Justice C. Hari Shankar while hearing the suit seeking an injunction against Vistara Buildtech allowed the application under Order XXXIX Rules 1 & 2 of CPC, 1908.

Court observed that TATA SIA Airlines is a well-known collaboration between Tata Sons Pvt. Ltd. and Singapore Airlines Ltd. which under the mark VISTARA is engaged in the commercial aviation industry.

The plaint contained the details regarding the revenue earned from 2018-2022 and also highlighted considerable amounts spent on the promotion and advertising of its services in the financial years 2021-22.

It was stated by TATA Airlines that Vistara Buildtech has been using the impugned marks in connection with commercial properties being developed by them.

A cease and desist notice was also issued by the plaintiff on January 02, 2023, and a reminder for the same was issued on January 19, 2023, calling the defendants to desist from continuing to use the impugned marks, however, there was no response.

The court observed that TATA SIA Airlines had been using the mark VISTARA since at least 2015 and that the plaintiff had the advantage of the priority of use. The defendants on the other hand were yet to commence operations, court noted.

The plaint also pointed out that plaintiff had been declared as a well-known mark by judgment dated 5th August 2019 passed by the same court in 2019. It was also mentioned that the plaintiff would also be entitled to benefit of Section 29(4) of the Trade Marks Act, 1999.

“In such circumstances, the judgments of the Supreme Court in Laxmikant V. Patel v. Chetanbhai Shah and Midas Hygiene Industries (P) Ltd v. Sudhir Bhatia, require the Court to injunct the defendants from continuing with its infringing activities. In the circumstances, issue notice, returnable on 4th May 2023 before the Court. Reply be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto, if any, within four weeks thereof,” the court ordered.

Apart from that, the high court restrained Vistara Buildtech from using the mark VISTARA in any manner till the next hearing on May 04, 2023.

“As this order has been passed ex parte, the plaintiff is directed to comply with the requirement of Order XXXIX Rule 3 of the CPC within one week from today,” the court ordered.

Case Title: TATA SIA Airlines Ltd. vs. VISTARA Buildtech LLP & Anr.