High Court Cleans the Register: 'Vistarraah' Trademark Expunged Over Bad Faith Infringement

In a definitive move to uphold the integrity of the Trade Marks Register, the Bombay High Court has ordered the removal of the trademark ‘Vistarraah’ (Registration No. 3487173), ruling that its registration was obtained in bad faith and caused confusion with the renowned airline brand, VISTARA® .

Justice Arif S. Doctor, presiding over the matter, allowed the petition filed by Air India, noting that the registrant had failed to justify its conduct despite multiple opportunities, ultimately choosing not to contest the proceedings.

A History of Strategic Infringement

The case originated from a rectification petition filed by Air India against Respondent No. 1, Girish Basrimalani. The Petitioner, the owner of the well-known VISTARA® mark, argued that its mark, used since 2014, had achieved significant global recognition and statutory protection.

Legal counsel for the Petitioner highlighted a disturbing pattern of conduct: the Respondent had filed for the registration of identical or deceptively similar marks across multiple classes, including Class 29, 30, 35, and 39. In each instance, upon receiving a cease-and-desist notice or facing opposition, the Respondent opted to withdraw or abandon the application—all except for the Class 31 registration, which became the subject of this dispute.

The Legal Battleground: Protection Across Classes

The central legal question before the Court was whether the registration of "Vistarraah" in Class 31—pertaining to agricultural and food products—would mislead the public into believing there was an association with the well-known airline brand.

The Petitioner successfully demonstrated that VISTARA® is a "well-known" mark under Section 2(1)(zg) of the Trade Marks Act, a status previously affirmed by the Delhi High Court. Consequently, the airline enjoys extensive legal protection that transcends specific goods or services, preventing competitors from "hitching a ride" on their goodwill and repute.

Court’s Analysis: The Mark of Bad Faith

Justice Arif S. Doctor noted that the phonetic, structural, and visual similarity between "Vistarraah" and "VISTARA®" was undeniable. Crucially, the Court emphasized that under Section 11 of the Act, a registration cannot stand if it is filed in bad faith or causes a likelihood of deception.

The Court’s decision was heavily influenced by the Respondent’s complete absence from the courtroom and their history of filing and abandoning multiple marks. This, the judge remarked, undermined the "purity of the Register."

Key Observations

The judgment offers a firm warning to those attempting to co-opt established brand identities:

• On the duty of the Court: "Marks adopted without bona fide intent or in bad faith undermine the purity of the Register and are liable to be removed."
• On consumer perception: "The stylisation adopted by Respondent No.1 does not alter the overall commercial impression conveyed to the average consumer through imperfect recollection."
• On the behavior of the opponent: "Such conduct is not merely negligent but clearly is in bad faith, compounded by the fact that Respondent No.1 has not even chosen to appear and justify such adoption."
• On well-known marks: "The Petitioner’s trade mark has been declared well known... and has subsequently been entered into the list of well known marks... Respondent No.1 was clearly aware of the same and the reputation and goodwill associated with the said mark."

Final Decision: Purity Restored

The High Court ordered the immediate removal of the mark ‘Vistarraah’ from the Register of Trade Marks. By granting the petition, the Court not only protected the proprietary rights of the Petitioner but also reinforced a critical pillar of intellectual property law: that the Trade Marks Register must act as a reliable source of truth, free from marks designed to confuse or deceive the public. This ruling serves as a vital precedent for corporations defending their well-known marks against "predatory" multi-class filing strategies.