The Delhi High Court has directed Gurugram-based Tesla Power India to submit an affidavit outlining the details of their electric vehicle (EV) scooter stocks and sales. This includes providing the names of dealers, launch dates, and current stock availability. This order, issued by Justice Anish Dayal, is part of an ongoing trademark case filed by Elon Musk’s Tesla Inc.
Background of the Case
As reported by ET, this court directive follows a decision on May 22 to defer the hearing of the trademark infringement lawsuit to May 28. Tesla Inc. contends that despite an undertaking by Tesla Power India, the latter has been selling EV scooters through various dealers under different sub-brands. The High Court is scheduled to hear the case again on Thursday.
Allegations and Court Actions
Earlier this year, Tesla Inc. filed a lawsuit alleging trademark infringement and unfair trade competition against Tesla Power India. The case alleges that Tesla Power India’s use of the “Tesla” name confuses consumers and potentially damages Tesla Inc.’s business interests in India. The HC had previously barred Tesla Power from advertising its EV products and directed them to respond to the allegations.
Evidence and Arguments
Tesla Inc. submitted evidence, including images and brochures of EV scooters allegedly sold by Tesla Power India. Inc42 reported that Tesla Power India had argued it was not in the EV battery manufacturing business but dealt in lead-acid batteries. Tesla Power’s chairman, Kavinder Khurana, testified that the company had no plans to enter the EV segment and that Tesla Power USA Inc. no longer existed.
Timeline of Events
Tesla Inc. discovered Tesla Power India’s use of the disputed trademarks in April 2022, with promotional articles from 2021 suggesting the latter’s entry into the EV market. Following this, Tesla Inc. issued a cease-and-desist notice in mid-April 2022.
Broader Context of Trademark Disputes
This legal battle between Tesla Inc. and Tesla Power India occurs amid a wave of trademark infringement cases in India. For example, Killer Jeans recently pursued a case against Netflix India for using the term “KILLER” in its show ‘Killer Soup’. In another instance, the Supreme Court refused to grant relief to travel tech major MakeMyTrip in a trademark dispute involving the Google Ads program.
Moreover, last year, Bengaluru-based startup Blinkhit filed a petition against Zomato’s Blinkit, seeking to restrain the use of the trademark. Blinkit eventually received reprieve from the Supreme Court on a plea filed by Blinkhit.
Next Steps
As the Delhi High Court awaits detailed disclosures from Tesla Power India, the upcoming hearings will be crucial in determining the outcome of this high-profile trademark dispute. The case highlights the importance of clear trademark delineation and the potential legal challenges companies face in protecting their brand identity.
