HC restrains portal from using 'Vistara' on products

An aviation studies portal has been restrained from offering counterfeit 'Vistara' branded products by the Delhi High Court, which said that it posed security risks at airports as it is a distinctive Tata-SIA airline trademark in the airline industry.

The high court said that 'Pilot 18 Aviation Book Store', which operates the web portal 'www.pilot18.com', was not just selling products bearing the mark 'Vistara' but also products of various other airlines including Jet Airways, SpiceJet and Air India and this posed a serious security threat.

Justice Prathiba M. Singh directed 'Pilot 18' to pay Rs 2 lakh as cost to the operator of Vistara Airlines within a month.

The court's order came while deciding a suit filed by Tata SIA Airlines Ltd seeking to restrain the portal from using its trademarks and selling badges, name tags and other accessories, including mugs and baggage tags, bearing the mark 'Vistara' with an identical device mark/logo form.

The plaintiff said it came to know in February about 'Vistara' branded products on the website of the defendants as also on various e-commerce portals such as Amazon and Snapdeal.

Justice Prathiba took strong exception to the incorrect statement made by the portal that they have never used the trademark 'Vistara'.

This constitutes perjury, the court said and noted that the portal had no remorse whatsoever while making the statement.

The portal owner was not only liable to be permanently injuncted from using the mark Vistara' but are also liable to pay costs and damages.