Elon Musk's Tesla moves Delhi High Court against Indian company for trademark infringement

Global electric vehicles manufacturing giant Tesla has sued an Indian company Tesla Power India Private Limited for trademark infringement, passing off and unfair trade practices over the use of TESLA trademark [Tesla Inc v Tesla Power India Private Limited]..The Elon Musk owned firm moved the Delhi High Court aggrieved by the use of TESLA trademark by Tesla Power India and their announcement that it is going to enter the electric vehicles market.The Court was told that the defendant Tesla Power India carried advertisements in newspapers announcing the move.Musk’s Tesla argued that a cease-and-desist notice was issued to Tesla Power India and its counterpart Tesla Power USA in April 2022 and communications were exchanged between the two sides till March 2023 but the defendant company continues to advertise and market their goods using the Tesla trademark..Justice Anish Dayal heard the matter on May 2..Tesla Power India’s proprietor appeared before the Court and gave an undertaking that they have no intention to manufacture electric vehicles at all and they will not market other entities’ electric vehicles under the trademark or tradename ‘TESLA POWER USA’ or any other brand deceptively similar to the word ‘TESLA’.“He further states that they will not issue any promotional advertisements or material in relation to EV vehicles under their brand name/tradename. He further undertakes that defendants shall not use the registered device/logos of ‘TESLA’. The said undertaking is taken on record and the defendants will be bound by it,” the Court noted.The Bench then issued summons and notice to Tesla Power India and its proprietors and asked them to file their replies in three week.It said that the matter will be heard next on May 22.“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. List on 22nd May, 2024,” the Court ordered..Senior Advocate Chander M Lall along with advocates Nancy Roy, Raghav Malik, Prakriti Varshney, Lalit Alley and Prashant appeared for Tesla Inc.Tesla Power India was represented through advocates Anita Sahani and Mukes Vatsa..[Read Order]