Delhi High Court Issues Summons In Tesla's Trademark Infringement Suit Against 'Tesla Power India'
The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart. Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements. The court also issued notice on Tesla's plea seeking interim relief...
The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart.
Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements.
The court also issued notice on Tesla's plea seeking interim relief in the suit and listed it for a hearing on May 22.
Tesla filed the trademark infringement suit alleging that the defendants were using its trademark 'TESLA' in its entirety, in addition to the descriptive phrase 'POWER USA'.
The defendants told the court that their business is predominantly into 'Lead Acid Batteries' which are supplied for automobiles, inverters, UPS and that they do not manufacture any electric vehicles (EVs) of any nature.
The court was informed that the defendants had no intention to manufacture EVs at all and will not market other entities' EVs as well under their trademark and tradename 'TESLA POWER USA' and or any other brand deceptively similar or use the word 'TESLA'.
It was also submitted that the defendants will not issue any promotional advertisements or material in relation to EV vehicles under their brand name or tradename.
The defendants undertook that they will not use the registered device or logos of 'TESLA'.
The court took the undertaking on record and bound the defendants by it.
“Counsel for defendants wishes to file a response and has handed up a set of documents in support of their defence. The same may be filed before the Court, as part of their reply to this application, with copy to the opposing counsel, within a period of 3 weeks from today. Rejoinder, if any, be filed thereafter before the next date,” the court said.
Counsel for Plaintiff: Mr. Chander M. Lall, Sr. Adv. with Ms. Nancy Roy, Mr. Raghav Malik, Ms. Prakriti Varshney, Mr. Lalit Alley & Mr. Prashant, Advs
Counsel for Defendants: Ms. Anita Sahani & Mr. Mukesh Vatsa, Advs
Title: TESLA INC. v. TESLA POWER INDIA PRIVATE LIMITED & ORS.