Tesla sues Indian namesake for copying trademark
Global electric vehicles manufacturing giant Tesla has filed a case against an Indian company Tesla Power India Private Limited for trademark infringement, passing off, and unfair trade practices over the use of the TESLA trademark. Elon Musk-owned firm moved the Delhi High Court aggrieved by the use of the TESLA trademark by Tesla Power India and their announcement that it is going to enter the electric vehicles market. The Indian company recently published several misleading advertisements in Indian media regarding its product and operations.
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 Indian company continues to advertise and market their goods using the Tesla trademark.
Justice Anish Dayal heard the arguments on May 2. Tesla Power India’s proprietor (Kavinder Khurana) 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 (Kavinder Khurana) further states that they will not issue any promotional advertisements or material concerning 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.
Who is Kavinder Khurana?
Kavinder Khurana (48) published several misleading advertisements claiming links with Tesla Power USA. According to his personal website: “Kavinder Khurana is a social entrepreneur, thought leader, and Angel Investor who has built himself from grassroots levels over 25 years. He worked in various companies like Nestle, Onicra, and Real Estate Groups in the corporate leadership position before turning into a full-time entrepreneur and founder of several innovative startups. He has demonstrated a proven track record of managing different business verticals and steering the business on a path of profitability and consistent growth.” His personal website still has Tesla Power USA’s logos, giving the wrong impression to viewers on the links with the US company.
After the initial arguments on May 2, the Judge then issued a summons and notice to Tesla Power India and its proprietors and asked them to file their replies in three weeks. And next hearing is listed for 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 a 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.
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