When hearing the brand Tesla, most people think of electric cars - the two are almost synonymous. The US company has, for some time, been announcing a market launch in India, this coming amidst rumours of Tesla vehicles being built for India in Germany or a Tesla factory in India itself. A new hurdle has, however, arisen: Tesla, Inc. believes that its trademark rights are infringed by an Indian company called Tesla Power India Pvt. Ltd.
Tesla has filed a lawsuit against Tesla Power India seeking a permanent injunction and damages for trademark infringement, unauthorized copying and unfair competition.
Our attorney at law Oliver Nilgen assesses the situation as follows: "If Tesla has valid trademark rights in India and Tesla Power India is neither an older nor well-known company name, we see high chances of Tesla winning. In our opinion, it would be sufficient if Tesla had only protected the term for e-cars and not also for batteries, this is because people immediately associate batteries with e-cars."
It has not yet been decided whether the Indian company, which according to its own statement is mainly active in the business of lead-acid batteries for cars, inverters and components for power supply, chose its brand name deliberately in the hopes of obtaining a positive image transfer from Tesla US.
Oliver Nilgen advises: "To be on the safe side, it is important to have your own brand and product markings protected as a registered trademark and then to monitor the market with the help of a law firm, for example. In principle, swift action should be taken against trademark infringements of any kind in order to prevent dilution of your own trademark."
If you are interested in this topic and have any questions about trademark law, please contact us at any time.
