Article 6K4BJ Yulu Bikes Sues Kinetic Green In India Over Its ‘Zulu’ E-Bike Brand

Yulu Bikes Sues Kinetic Green In India Over Its ‘Zulu’ E-Bike Brand

by
Dark Helmet
from Techdirt on (#6K4BJ)

Usually when we discuss trademark disputes, we tend to highlight examples and stories where the dispute is initiated by a party where we really, really don't think they have much of a leg to stand on. This story is different in that respect. In India, an eBike company called Yulu has sued a company called Kinetic Green over it's eBike that is branded as the Zulu." If you squint at this whole dispute just right, you can begin to see the concern Yulu might have.

The names are very similar, with only one letter difference between the brands, and that one letter difference is the letter next in the alphabet to the original. Both make eBikes, though the product lines are somewhat different. They both operate in the same geographic market. You get it.

According to media reports, Yulu filed the lawsuit in January after Kinetic Green launched its new Zulu range of electric scooters. The company believes that it sounds too similar to its own brand and may cause confusion among customers.

Meanwhile, the Karnataka High Court reportedly ordered a temporary injunction on February 5, 2024. The court has restrained Kinetic Green Energy from using, selling and advertising with YULU' and associated trademarks or similar words, including ZULU' and Kinetic Green Zulu'.

Here's the thing though: I don't think there's any real reason to be worried about confusion in the public. Why? Several reasons, actually.

The branding for the companies doesn't otherwise resemble one another, for starters. The Kinetic Green bikes and branding are not particularly similar generally.

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As you will see, the look and feel of the products themselves is quite disimilar. Add to that the fact that Yulus seem to be in the category of eBike rental stations scattered throughout cities, versus the Zulu product just being a thing you buy, and it's hard to see how anyone is going to seriously get confused here.

And now let's tack on the fact that Zulu" is itself a very recognizable term, having been the name for a large ethnic group that exists in southern Africa. This isn't two fanciful names that sound alike, but rather one original name and one that has solid footing in the global lexicon. Again, where is the confusion really going to occur here?

And that's probably why Kinetic Green is itching to get this trial started.

In response, Kinetic Green's lawyers have requested the High Court to advance the date and allow them to file their objections sooner. The final decision on the interim application is expected to be made by the Commercial Court by March 11, 2024.

That date is only a few days out at this point, so it seems like we'll get our answer on this sooner rather than later. From my perspective, I don't see any real reason why Kinetic Green shouldn't be allowed to sell its Zulu bikes.

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