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Delhi High Court sends Tesla vs. Tesla Power trademark case to mediation

Delhi High Court sends Tesla vs. Tesla Power trademark case to mediation

A senior mediator will take up the matter starting July 18. If it fails, a bench of the court will hear the case on September 18.

New Delhi: The Delhi High Court on Thursday referred a trademark infringement case involving Tesla Inc and Tesla Power for mediation after the two companies agreed to try and settle their dispute through this route.

A senior mediator of the Delhi High Court Mediation and Conciliation Centre will take up the matter starting July 18. If the mediation fails, a bench of the court will hear the case on September 18.

Chander Lall, a senior lawyer representing Tesla Inc, told the court on Thursday that mediation might not be effective because Tesla Power would not relinquish its brand.

“Mediation will not work when it comes to their brand—they are not going to give it up,” Lall said.

In response, lawyer J. Sai Deepak, representing Tesla Power, said, “We are open to mediation.”

Tesla Inc, the US electric vehicle giant co-founded by Elon Musk, sued Tesla Power India Pvt Ltd on May 2, accusing the Gurugram company of infringing on its trademark and misleading consumers by implying an association with its EVs. Tesla Inc. claimed this caused confusion among customers and potential damage to its reputation as it looked to enter the Indian market.

Lall reiterated that Tesla Power was not abiding by the court’s orders and that it continued to sell e-scooters on IndiaMart. He also said that people had called him up personally, alleging cheating by Tesla Power.

“They say they have been charged lakhs of rupees and then abandoned,” Lall said.

According to Sai Deepak, Tesla is not a unique trademark as there are many companies and registrations with this name in India, Taiwan and other countries.

“Therefore, for someone to come out and say that because of Elon Musk, we are the only ones who are entitled to claim Tesla and a monopoly over it, frankly speaking, doesn’t fly,” he said.

On May 30, Tesla Power informed the court that it had instructed its partners and vendors to remove the Tesla logo from their electric scooters to comply with a May 2 Delhi High Court order prohibiting the sale and promotion of products bearing the Tesla trademark. Tesla Power clarified that it had no intention to market its electric scooters under the Tesla brand.

Read the complete article here.

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