Delhi High Court Refers Elon Musk Owned Tesla's Trademark Infringement Suit Against Gurugram-Based 'Tesla Power India' To Mediation
The Delhi High Court has referred to mediation the 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.“Accordingly, with the consent of both the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre, to be referred to Senior Mediator,” Justice...
The Delhi High Court has referred to mediation the 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.
“Accordingly, with the consent of both the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre, to be referred to Senior Mediator,” Justice Mini Pushkarna said in an order passed on July 04.
The court directed both the parties to appear before the Delhi High Court Mediation and Conciliation Centre on July 18.
Advocate J Sai Deepak appearing for the defendants submitted that they are open to mediation.
Senior Advocate Chander M. Lall appearing for Tesla told court that he had no objection if the matter is sent for mediation
The matter is now listed before the court on September 18.
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 earlier told the court that their business was 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.
It was also said 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'.
They had 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 had undertook that they will not use the registered device or logos of 'TESLA'.
The said undertaking is still being abided by the defendants.
Title: TESLA INC. v. TESLA POWER INDIA PRIVATE LIMITED & ORS.
Citation: 2024 LiveLaw (Del) 754