‘Vistara’ trademark infringement: Delhi HC fines Chinese e-commerce platform Rs 20 lakh

“The use of the ‘VISTARA Marks’ is not only amounts to infringement and passing off of the mark of the plaintiff but would cause dilution of the mark of the plaintiff. It is also likely to cause deception and confusion in the mind of the unwary consumer,” Justice Navin Chawla noted in the recent order.

The plaintiff (Vistara) also issues baggage tags to its crew members which bear its ‘VISTARA Marks’, the suit said.

“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 (Chinese company),” the court noted.

Considering the fact that the plaintiff is the registered proprietor of the ‘VISTARA Marks’ and no one 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 good, the court observed.

Disposing of the suit, the court said: “Keeping in view the above as also the object and mandate of the Commercial Courts Act, 2015; the Delhi High Court (Original Side) Rules, 2018; and the Delhi High Court Intellectual Property Division Rules, 2022, the plaintiff is held entitled to damages and costs quantified at Rs 20 lakh.”