Trademark infringement suit | Tata has a stellar reputation: HC allows ‘Fly Higher’ in Vistara ads :
The Delhi High Court has allowed Tata Group’s Vistara airline to use the term “fly higher” in its marketing campaigns, lifting the interim restrictions it ordered earlier this year in a trademark infringement suit filed by an aviation institute.
A single judge bench of Justice Jyoti Singh was hearing an application seeking vacation of the ‘ex-parte ad interim injunction’ order passed on January 21 by the HC restraining Vistara from using the words ‘Fly High’, which is a trademark of Frankfinn Aviation Services Limited.
Frankfinn had also filed a suit “permanently restraining” Tata’s Vistara from using its trademark ‘Fly High’.
The HC noted that there is a clear distinction in the Trade Marks Act between marks and trademark. “Trademarks are intangible assets of the proprietors, which serve as ‘source identifiers’, instantly connecting the goods/ services with the proprietor thereof,” the court stated.
