Vistara Airlines has assured the Delhi High Court that it will not lay claim to any trademark rights associated with the phrases "Fly High" or "Fly Higher." This declaration came in response to a trademark suit filed by Frankfinn Aviation Services, a company specializing in aviation and hospitality training.
The legal dispute stemmed from Vistara's use of the "Fly Higher" slogan in its advertising campaign initiated in 2018, which led Frankfinn to assert trademark rights over the term "Fly High." After Frankfinn's legal plea, the High Court initially restrained Vistara from using the slogan, a decision later vacated in November 2022.
In a bid to resolve the matter, Vistara proposed a solution to Frankfinn in July this year. The airline assured that it would not seek trademark registration for "Fly High" or "Fly Higher" if Frankfinn acknowledged that Vistara's use of these phrases in their advertisements did not constitute trademark use.
During the proceedings before Justice Prathiba M Singh, it was confirmed that Frankfinn agreed not to object to the non-trademark use of the slogans by Vistara. Vistara, in turn, affirmed that it would refrain from employing the term "Fly Higher" in a trademark sense and wouldn't contest Frankfinn's trademark claim for the slogan "Fly High."
However, the Court clarified that Vistara could use "Fly High" or "Fly Higher" in a non-trademark context, including as part of keywords, advertising campaigns, and hashtags. This agreement between the involved parties applies solely to them and does not extend to other entities, explicitly excluding group companies.
Consequently, the High Court disposed of the lawsuit filed by Frankfinn Aviation Services in 2022, closing the chapter on the legal confrontation. Advocates Kapil Midha and Samiksha Gupta represented Frankfinn Aviation Services, while Advocates Kruttika Vijay, Aditya Gupta, and Mukul Kochhar represented TATA Sia Airlines (Vistara) in the proceedings.
The resolution marks an agreement between the parties, relieving the contention surrounding the use of these slogans and setting terms for their non-trademark utilization in advertising and promotional initiatives by Vistara.
