Article: Brands go to court in trademark showdowns: India’s 10 legal battles of 2024

In the high-stakes world of business, protecting a brand’s identity is crucial. Trademark disputes often become the battleground for some of the most fascinating legal showdowns.

In 2024, India saw a surge in such disputes, showcasing how fiercely companies protect their brand equity. From MNCs to homegrown enterprises, these battles highlight the evolving nature of intellectual property (IP) law in India.

According to the World Intellectual Property Organization (WIPO), trademark filings in India increased by 6.1% in 2023, reflecting the rising importance of safeguarding brand identity in a competitive market.

Here’s a closer look at some of the most epic trademark disputes of 2024.

1. Indigo vs. Mahindra

Indigo’s parent company, InterGlobe Aviation, has taken Mahindra Electric to court over the use of ‘6E’ label for its new electric vehicle, the BE 6e, set to hit the roads in February 2025. Indigo, known for using ‘6E’ in its branding (thanks to its IATA code), is not too happy with Mahindra’s move. M&M insists that their ‘6e’ is tied to an electric car and doesn’t overlap with IndiGo’s airline branding, especially with the BE 6e’s unique styling. However, they’re open to discussions with IndiGo to settle things amicably. The Delhi High Court will take up the case on December 9.

2. Burger King vs. Burger King

The Bombay High Court has restrained a Pune-based eatery from using the name ‘Burger King,’ giving temporary relief to the US fast-food giant. The move came after Burger King challenged an earlier court decision that dismissed its trademark infringement case against the eatery. The high court, emphasizing the need to review all evidence, maintained the interim order until a thorough hearing takes place. It also directed both parties to preserve their business records from the last decade.

3. Lacoste vs. Crocodile International

Lacoste’s battle against Crocodile International for using a deceptively similar crocodile logo concluded with a permanent injunction from the Delhi High Court. The verdict ended a dispute spanning over two decades, cementing Lacoste’s claim to its iconic reptilian emblem.

4. Amul vs. Amuleti

Amul scored a major victory in a trademark infringement case against Italian company Terre Primitive. The Gujarat Cooperative Milk Marketing Federation (GCMMF), which owns Amul, accused the Italian brand of copying Amul’s distinctive packaging, script, and design, with a mere ‘eti’ added to the name to create ‘Amuleti’. The Delhi High Court sided with Amul, granting an injunction that prevents Terre Primitive from using any trademarks similar to Amul’s and requires them to remove infringing products from their website. The case continues with the next hearing on January 7, 2025.

5. Britannia vs. Desi Bites Snack

The Delhi High Court has granted Britannia Industries an ex parte injunction in a trademark infringement case against Desi Bites Snack. The court ruled that Desi Bites must stop using the trademark ‘GOOD DAY,’ which Britannia has owned since 1986, for its products like soan papdi and papad. Britannia argued that its ‘GOOD DAY’ brand, synonymous with quality in the bakery sector, had amassed significant goodwill, with annual sales surpassing Rs 16,000 crore. Desi Bites’ use of the same name was deemed an attempt to capitalize on this recognition and potentially confuse consumers.

6. Skechers

The Bombay High Court granted SKECHERS an ex parte relief in a case of alleged trademark infringement. Skechers claims that counterfeit goods bearing its famous ‘SKECHERS’ logo and designs were being distributed by certain defendants, potentially damaging the brand’s reputation. The court sided with Skechers, stressing that the defendants had dishonestly used the brand’s trademarks, highlighting the risk of irreparable harm to the company’s goodwill. Skechers, along with its Indian partner, presented evidence of imitation products found at the defendants’ locations. Justice RI Chagla agreed, ruling that while the defendants could still sell genuine products from authorized distributors, any counterfeit goods bearing Skechers’ trademarks must be stopped immediately.

7. Boroline vs. Borobeauty

In a trademark showdown, the Delhi High Court ruled in favor of GD Pharmaceuticals’ iconic ‘Boroline’, declaring it a “well-known trademark”. Cento Products (India) was ordered to ditch its nearly identical ‘Borobeauty’ brand, which caused confusion with the popular antiseptic cream. The court was clear: no more using that signature dark green packaging, and Cento must come up with a completely new name. The court also awarded Rs 2 lakh to GD Pharmaceuticals for the lengthy legal battle.

8. Adidas AG vs. Adidas

Adidas AG went head-to-head with Adidas Marketing Pvt Ltd over the unauthorized use of its iconic trademark in India. Adidas AG argued that the Indian company was causing confusion and diluting its global brand, while the defendants claimed their use of “Adidas” was based on a personal homage to the founder’s sister, “Adi,” in the Sindhi community. On July 19, 2023, Justice Sanjeev Narula of the Delhi High Court sided with Adidas AG, issuing a permanent injunction against the use of the “Adidas” name and awarding Rs 14.22 lakh in damages.

9. Tesla Inc. vs. Tesla Power

The trademark clash between Elon Musk’s Tesla Inc. and Gurugram’s Tesla Power India cannot be missed. Tesla Inc. filed the lawsuit in May 2024, accusing Tesla Power of misleading consumers by using its name and implying a link to electric vehicles, just as Tesla Inc. geared up for its Indian debut. After the court prohibited Tesla Power from using the Tesla trademark, the company complied by removing the logo from e-Ashwa electric scooters. However, Tesla Inc. claims Tesla Power continued to flout the rules, promoting products and ads that could confuse consumers into thinking they were linked to the U.S. EV giant. Tesla Power insists its main business is lead-acid batteries, not electric vehicles, and that its use of the Tesla name was tied to its marketing partnership with e-Ashwa. With mediation still underway, the court will revisit the matter in April 2025, giving both sides time to work out a settlement.

10. Bisk Farm vs. Parle Biscuits

In a recent trademark showdown, the Calcutta High Court has come down hard on Parle Biscuits, ordering an ex-parte injunction to stop them from selling their new product, Top Gold Star. This legal battle began when Bisk Farm, which had registered the trademark Top Gold in 2005, noticed Parle launching a nearly identical product under a very similar name. The court agreed with Bisk Farm, stating that their intellectual property was at risk, and ordered Parle to halt sales until at least August 2024.

2024 has been a rollercoaster for trademark disputes in India, with brands going to battle over their precious identities like never before! From airlines to fast food chains, businesses are locking horns to protect their intellectual property, proving that brand equity is now more valuable than ever.

Source: https://www.storyboard18.com/brand-marketing/brands-go-to-court-in-trademark-showdowns-indias-10-legal-battles-of-2024-49307.htm