In a relief to Tata SIA Airlines Ltd, the Karnataka High Court has directed a city civil and sessions court to return a suit filed by Vistara Voyages (India) Pvt Ltd questioning the use of the word, “Vistara,” as brand name for the airlines, which is a joint venture between Tata and Singapore Airlines Ltd.
The High Court said that the suit cannot be initiated in Bengaluru courts as Vistara Voyages does not hold a registered trade mark right over “Vistara” and there was no evidence to show that “Air Vistara” was operating or had branch office in Bengaluru, from where Vistara Voyages, a travel agency, has been operating.
Justice Aravind Kumar passed the order while allowing the petition of Tata SIA Airlines Ltd, which had questioned the December 18, 2014 order of 18th Additional City Civil and Sessions Court refusing to return the plea for want of jurisdiction.
The suit was “premature” under Section 134 of the Trademark Act, 1999 as there was no material to establish that “Air Vistara,” which was only in Delhi, was also present in Bengaluru when the suit was instituted, the High Court. The High Court also directed the civil court to return the suit by following the procedure under Rule 10 and 10A of the Code of Civil Procedure for want of jurisdiction.
In its suit, the Vistara Voyages had sought injunctions against Tata SIA Airlines Ltd from using the word “Vistara” while claiming that it [Vistara Voyages] was using this mark since 2008 for its travel and travel-related business purposes. Pointing out that Tata SIA Ltd was incorporated only in November 2013, Vistara Voyages had claimed that its application for registration of “Vistara” as its trademark has been pending before the authorities.
However, the High Court found that Vistara Voyages “admittedly” applied for trademark registration only on July 21, 2014, which is pending.