As a result of the lawsuit filed by Interglobe Aviation Ltd in the Delhi High Court, Mahindra has been forced into renaming its upcoming electric coupe-SUV, originally named the BE 6e, to Mahindra BE 6. In a strongly-worded statement issued on December 7, Mahindra, however, said it will contest the lawsuit, which, in the company’s view, if left unchallenged, would set an ‘unhealthy precedent of monopolising alphanumeric two-character marks’. Indigo filed a lawsuit against Mahindra Electric Automobile Limited (MEAL), objecting to the BE 6e name chosen by Mahindra for its new electric coupe-SUV, which made its world premiere at the end of November. Indigo uses 6E as its aviation call sign, and also holds usage rights to the 6E name across several categories.
Also Read: IndiGo vs Mahindra: Airline Files Lawsuit Against BE 6e Name Of New E-SUV; M&M Responds
Mahindra's new electric coupe-SUV will be launched as the BE 6.
The BE 6e name was crafted as a play on ‘Be Sexy’, but Indigo did not take kindly to the electric SUV’s name overlapping with its trademark. Indigo has trademarked the ‘6E Link’ name across Class 9 (electronic advertising display), 35 (advertising services relating to transport and delivery services) and 39 (Airline services for the transport of passengers and goods). Classification helps define boundaries and provides protection to a trademark in a given category. Mahindra registered the BE 6e name under Class 12, which covers motor vehicles and related equipment.
In its December 7 statement, Mahindra once again reiterated its BE 6e name would logically not impinge on IndiGo’s trademark, since the two entities operate in vastly different industries. The company’s statement even went on to cite Tata Motors’ objection to Interglobe using the Indigo name, which was used by Tata for its sedan and estate cars back in the day, and how Interglobe continues to use the name anyway, which Mahindra deems ‘inconsistent’.
IndiGo owns the right to the ‘6E Link’ trademark in India, and it deems the BE 6e name to overlap with its trademark.
“Mahindra’s mark is “BE 6e” not the standalone “6E.” We believe it differs fundamentally from IndiGo’s “6E,” which represents an airline, eliminating any risk of confusion. The distinct styling further emphasizes its uniqueness. Our registration application is for an entirely different industry sector and product and hence do not see any conflict. In fact, we would like to point out that in the past, Tata Motors had objected to InterGlobe using the IndiGo mark, given their Tata Indigo car brand. InterGlobe continues to use the mark IndiGo in a different industry and business. We therefore find their objection to BE 6e to be inconsistent with their own previous conduct”, Mahindra’s statement read.
“We also find it unseemly that two large, Indian multinationals should engage in a distracting and unnecessary conflict when in fact we should be championing each other’s growth and expansion”, the statement added.
In a bid to ensure there is no delay in the commercial rollout of the SUV, Mahindra has decided to drop the ‘e’ from the end of the name. However, this will not be the end of the matter, as Mahindra has decided to contest the claim in court, as it believes the lawsuit, if left unchallenged, would be ‘enormously constraining’ for companies across sectors.
“We however do believe the claim by IndiGo is baseless and if not challenged, will set an unhealthy precedent of monopolizing alpha-numeric 2-character marks, despite our mark being distinctive and different. This will be enormously constraining for all companies across industries and sectors”, the statement reads.
Also Read: Mahindra BE 6e Electric SUV First Drive: Driver’s Delight
On December 3, Mahindra, in a media statement, had clarified it had reached out to InterGlobe Aviation Limited to find an amicable solution.
“We have taken on board the concerns that InterGlobe Aviation Limited have to infringement of their goodwill, which was not our intention. We are engaged in discussions with them to find an amicable solution”, read Mahindra’s statement.
However, just a few hours after Mahindra's statement arrived, Indigo issued a statement of its own, asserting its right to the 6E trademark and saying it will take “all necessary and appropriate steps to safeguard its intellectual property and brand identity”.
“The “6E” mark is an integral part of IndiGo’s identity for the past 18 years and is a registered trademark that holds strong global recognition. The “6E” mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and for goods and services provided in collaboration with trusted partners. Any unauthorised use of the “6E” mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. IndiGo is committed to taking all necessary and appropriate steps to safeguard its intellectual property and brand identity”, read IndiGo's statement issued December 3.
The BE 6e is based on Mahindra’s dedicated INGLO EV architecture, and will have two battery options – 59 kWh and 79 kWh – at launch. The introductory starting price for the BE 6e is Rs 18.90 lakh (ex-showroom).
