In the case between YC Electric Vehicle (“Plaintiff”) and Vishwas Automobiles LLP (“Defendant”) before the Delhi High Court, the plaintiff sought various reliefs concerning trademark and copyright infringement, including passing off and unfair competition claims.
Yatri e-rickshaw Dispute
The dispute related to the plaintiff’s trademark “YATRI,” which it claims to be using since 2014 for its electric vehicles, particularly e-rickshaws. The plaintiff argued that the defendant was infringing upon its well-known “YATRI” mark by using similar marks such as “YATRI STAR. The Plaintiff also argued that the defendant was unlawfully utilizing the plaintiff’s copyrighted images of e-rickshaws on its social media platforms and promotional materials.
Based on data submitted to the Court, the plaintiff argued that it had established goodwill and market dominance over the years, being the largest e-rickshaw manufacturer in India. Additionally, it claimed that the defendant’s use of “YATRI” and “YATRI STAR” was a deliberate attempt to mislead consumers and divert business by leveraging the plaintiff’s reputation. The plaintiff also highlighted that the defendant approached one of its dealers to promote the infringing products, and also filed a trademark application for “YATRI STAR” in July 2024, with a false claim of use since December 2023.
Court’s Decision
The Court, upon reviewing the pleadings and comparing the plaintiff’s and defendant’s marks, found that the defendant’s actions were likely to cause confusion among consumers, particularly those who might be less educated or rely on visual recognition of products such as rickshaw drivers. Given that both parties operate in the same industry, the Court noted that the defendant’s adoption of similar marks was likely to deceive the public and harm the plaintiff’s business.
Therefore, the Court granted an ex-parte ad-interim injunction, restraining the defendant from using the marks “YATRI,” “YATRI STAR,” or any other similar marks, as well as the plaintiff’s copyrighted images, in relation to its business of e-rickshaws. The injunction was also extended to any form of advertising, sales, or marketing activities involving the infringing marks.
Comparison of the Parties’ Yatri Marks
Provided below is a comparison of the marks used by the Plaintiff and Defendant on their e-rickshaws.
Plaintiff’s “YATRI” branded e-rickshaw
Defendant’s e-rickahsaws with “YATRI STAR” mark
The case has been scheduled for further proceedings on 22 January 2025.
Citation: YC Electric Vehicle v. Vishwas Automobiles LLP, CS(COMM) 788/2024 (H.C. Delhi Sept. 13, 2024). Available at: http://indiankanoon.org/doc/99750301/, Visited on: 19/09/2024.
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