Tesla Inc. filed a suit in 2024 alleging trademark infringement and passing off by Tesla Power India Private Limited and others using marks like ‘TESLA POWER’ and ‘TESLA POWER USA’ for batteries and related products, including domain names, claiming deceptive similarity to its globally renowned ‘TESLA’ mark with transborder reputation spilling over to India. Defendants initially undertook not to enter the EV market or use the mark for EVs, but plaintiff alleged continued misuse and leveraging of its reputation. The Delhi High Court found prima facie triple identity in marks, goods (allied/cognate batteries and power products) and trade channels, dishonest adoption evident from ‘TESLA POWER USA’ suggesting US origin connection, likelihood of confusion including initial interest confusion, and transborder reputation established despite limited direct sales in India, granted interim injunction extending the undertaking to restrain use of the impugned marks for all current goods/services including batteries, inverters, UPS and all advertising until final disposal of the suit.
- Transborder reputation of a foreign trademark spills over to India through global publicity, website traffic from India and international fame, entitling protection even without substantial local sales or registration in relevant classes (Paras on spillover reputation and goodwill).
- Where marks are identical with dominant feature ‘TESLA’, goods allied (batteries/power products cognate to EVs and advanced battery tech), and same trade channels, a case of ‘triple identity’ exists warranting interim injunction for infringement and passing off (Paras on similarity analysis).
- Adoption of ‘TESLA POWER USA’ indicates dishonest intent to mislead consumers into believing association with US-based plaintiff or origin of technology (Paras on dishonest adoption and ‘USA’ suffix).
- Doctrine of initial interest confusion applies in trademark cases, particularly with well-known marks, where initial attraction due to similarity causes irreparable harm even if confusion clarified later (Paras on confusion and prejudice).
Case Title: Tesla Inc. Vs. Tesla Power India Private Limited & Ors. Order Date: November 24, 2025 Case Number: CS(COMM) 353/2024 Neutral Citation: Not available in document Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice Tejas Karia
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation] [Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
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