Delhi HC Seeks Dealer, Product Details From Tesla Power India In Trademark Case With Musk’s Tesla Inc

The Delhi High Court has asked Gurugram-based Tesla Power India to file an affidavit detailing the stocks and sales of their electric vehicle scooters, which includes providing the names of dealers, dates of launch and current stock availability.

As per an ET report, this order, issued by Justice Anish Dayal, is part of a trademark case filed by Elon Musk’s automotive giant Tesla Inc. 

This development follows the court’s decision on May 22 to defer the hearing of the trademark infringement lawsuit to May 28.

The court’s directive came after Tesla Inc. argued that, despite an undertaking by Tesla Power India, the firm was selling electric vehicle scooters through dealers under various sub-brands. The High Court will now hear the case on Thursday.

Earlier this year, the Elon Musk-led company filed a case alleging infringement of trademark and unfair trade competition. 

Earlier this month, the HC barred Tesla Power from publishing advertisements, featuring its EV products. It also directed Tesla Power to furnish a reply in connection with the allegations. 

Tesla Inc. reported that an independent investigation revealed images of electric vehicle scooters available for sale, and photographs and brochures of these scooters have been submitted as evidence.

Earlier, Inc42 reported that the EV major contended that Tesla Power’s use of the trademark in India was confusing consumers and potentially damaging its business interests in the country.

Tesla Power argued it wasn’t in the business of manufacturing EV batteries but sold lead-acid batteries. Before the HC, Tesla Power’s chairman, Kavinder Khurana, stated the company had no intentions to enter the EV segment.

At the time, Khurana also informed the HC that Tesla Power USA Inc. did not exist anymore, adding that the company was not involved in manufacturing any EVs of any nature whatsoever.

The EV giant alleged it discovered Tesla Power India Private Limited’s use of the disputed marks in April 2022, citing online promotional articles from 2021 about the battery maker’s entry into the EV space. It sent a cease-and-desist notice in mid-April 2022 after becoming aware of the matter.

Tesla’s legal action against Tesla Power India comes at a time when many  Indian startups and tech companies are facing copyright and trademark infringement allegations. For instance, Killer Jeans pursued a case against Netflix India for using the term “KILLER” in its show ‘Killer Soup’.

In March, the Supreme Court (SC) refused to grant relief to travel tech major MakeMyTrip in connection with a trademark infringement case involving the Google Ads programme. 

Last year, Bengaluru-based startup Blinkhit filed a petition in a city civil court, seeking to restrain Zomato’s quick commerce major Blinkit from using the trademark. Later, the Zomato-owned company received a reprieve from the Supreme Court in the matter on a plea filed by Blinkhit.

Note: We at Inc42 take our ethics very seriously. More information about it can be found here.