It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully!

Recently, a case was filed by TATA SIA AIRLINES LIMITED (party to the VISTARA joint venture) against PILOT18 AVIATION BOOK STORE when they saw that the latter had been selling airline related products online that were containing the logos and designs of VISTARA.

TATA claimed ‘passing off’ and wanted a permanent injunction with damages, as PILOT18 was selling products ranging from badges, name tags and other accessories like mugs, baggage tags, etc. However, PILOT18 negated from doing anything of the sort and claimed that they had done nothing that would be considered as violating the intellectual property rights of VISTARA.

Under Trademark law, ‘passing off’ is the illegal action of selling or representing products or services under someone else’s name, without their consent, thereby getting profit out of it.

Upon investigation, the Court found that PILOT18 was indeed selling products with the word mark and logos of VISTARA, and hence TATA was granted permanent injunction and PILOT18  was asked  to pay a compensation of 2 lakhs by the end of the month.

It is also worthy to note that the Delhi High Court declared that the word VISTARA itself has become a well-known trademark, and that anyone selling goods or services that don’t even have anything to do with airlines, might connect those products or services with the airline itself.

So, folks! One must definitely be careful while doing anything, especially business – I mean, no one wants people flying at them every time they attempt to make a business move; definitely not an airline!

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