Airliners-India.com

747-237

http://economictimes.indiatimes.com/news/news-by-industry/transportation/airlines-/-aviation/goair-takes-indigo-to-court-over-name-of-booking-site-claims-biz-loss/articleshow/26925329.cms

GoAir takes Indigo to court over name of booking site, claims biz loss

6 Dec, 2013

India's biggest airline IndiGo has been thrown a legal challenge by its smallest rival GoAir, which said it is losing online customers to the carrier because of similarity in the first part of their website domain names.

IndiGo operated by Interglobe Aviation uses 'goindigo.in' as its web address name while Wadiagroup's GoAir uses 'goair.in'.

"Indigo airline is using 'goindigo' as domain name for its ticket-selling portal and also promoting it as their own trademark," said one of people who spoke to ET on condition of anonymity.

"This is hurting GoAir's business interest as the website contains 'Go' as one of the key word that they have bought from search engine Google and that's affecting the company adversely. Wadia Group owned airline's customers are getting diverted towards Indigo," he added.

"Go had tried to resolve the issue through talks, but Indigo was not very forthcoming to settle the issue hence it was left with no choice but to file the suit against Interglobe Aviation which operates IndiGo," said the person.

Low-fare carriers are the biggest beneficiaries and dependents of online ticket sales, as it is a more cost-effective and faster transaction system for them. Internet search engines such as Google show results on the basis of the order of words or even syllables that are typed into the search bar.

The airline has accused IndiGo of "passing off" and "infringement" of its trademark, as both companies are engaged in the same business. 'Passing off ' in IPR law means making a false representation that is likely to force a person to believe that the goods or services are those of another. Executives at GoAir refused to comment on the matter saying it was subjudice. IndiGo couldn't be reached for comment.

According to the filing with the Bombay High Court and the order by Justice SJ Kathawala, Interglobe Aviation has to file a reply on or before December 16. The order also says any rejoinder must be filed on or before December 23. The court will hear the matter on January 6, 2014.

Mumbai-based law firm Solomon & Co is representing Go Holdings, the company which owns GoAir, while Interglobe is being represented by MAG Legal in the case.

A legal expert who didn't want to be named said cases are almost unheard of in the Indian aviation industry which has only five major airlines operating, although they are rampant among travel companies with smaller, local firms partly tweaking or adopting famous brand names to gain popularity and sales.

The Indian aviation industry has been hit by high input costs and slow consumer demand. But both IndiGo and GoAir have weathered it better than their peers. Last year, IndiGo's recorded its sixth consecutive annual profit of Rs 787 crore, while GoAir swung to a net profit of Rs 104.3 crore compared with a Rs 133.7-crore loss in the previous year.
_________________
11000 posts (and counting) on Airliners-India.

Nimish · Posted: Fri Dec 06, 2013 10:38 am Post subject:

What a strange claim - I wonder what GoAir is thinking? Folks are not confused between 6E and GoAir - their websites itself look so different.

A simple google search for "Go Air" or "GoAir" results in the GoAir website coming up FIRST, and no sign of Indigo anywhere on the first page of the results.

Even a search for "Go India" shows GoAir up first and Indigo second.

I hope G8 is made to pay the legal expenses for both parties (if and) when they lose the case.
_________________
We miss you Nalini!

justbala · Member Joined: 11 Jan 2007 Posts: 1898 Location: Bangalore

Nimish - there are still a lot of folks who think GoAir and Indigo are the same.

Nimish · Posted: Fri Dec 06, 2013 2:15 pm Post subject:

justbala · Member Joined: 11 Jan 2007 Posts: 1898 Location: Bangalore

747-237 · Posted: Thu Oct 06, 2016 5:50 pm Post subject:

Version 2.0 has been released !

http://timesofindia.indiatimes.com/city/mumbai/GoAir-challenges-use-of-go-in-rival-IndiGos-domain-name/articleshow/54717719.cms

GoAir challenges use of 'go' in rival IndiGo's domain name

Oct 6, 2016

Taking carrier rivalry to a new level, the owner of GoAir airlines moved the Bombay High Court seeking direction to rival Interglobe Aviation Ltd to remove the prefix 'go' from their airline's web address 'goindigo.in' but the hearing also saw some lighter moments.

Justice Gautam Patel was left flummoxed on why Google India Limited was also made a defendant party in the suit by Go Holdings Private Limited and quipped tongue-in-cheek that it was good that the petitioner was not seeking that the online giant also change its name to 'ogle'.

"For reasons that are presently unclear so far, Google India Limited, the 2nd Defendant, is also said to be liable. Advocate Amit Jamsandekar for the plaintiff grants that this is not because the word 'Go' is also part of Google's corporate and domain name.

"That is all to the good, for the alternative is unthinkable we might otherwise be forced to ogle the Web," Justice Patel quipped.

The court directed the defendants to file their reply affidavits and the plaintiff to file its rejoinder to the affidavits by January 31 next year.

The Wadia group-led GoAir challenged the use of the word 'Go' in the domain name goindigo.in.

"The suit has not challenged the use of the word 'Go' in the trailing; a small mercy as it happens, for that might be a demand that IndiGo should be rechristened 'Indi'," Justice Patel noted in his order on October 3.
_________________
11000 posts (and counting) on Airliners-India.