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December 8, 2024
Sharleen Dsouza, Business Standard
Mumbai, 8 Dec 2024
The legal battle between Mahindra Electric Automobile and IndiGo Aviation over ‘6e’ continues in court, and brand experts believe the case is unlikely to stand up in law. However, Mahindra is receiving free publicity from this trademark infringement fight.
As the case progresses in the Delhi High Court (HC), Mahindra issued a statement on Saturday, saying, “We are hence taking the decision to brand our product BE 6.”
However, brand experts argue that since both companies operate in different sectors, there should not be any legal issues.
“Ideally, there shouldn’t be confusion, as they don’t operate in the same segment unless IndiGo plans to enter the car market, and vice versa. Everyone is being cautious about their brand,” said N Chandramouli, chief executive officer (CEO) of TRA Research.
He added that while everyone is being cautious about their brand, the use of ‘6e’ by Mahindra is not necessarily against the law. “It depends on what the court decides, and Mahindra Electric Automobile can prove in court that it will not harm its brand name.”
Devangshu Dutta, CEO of Third Eyesight, also said that there are several instances where brands and trademarks overlap. “From a marketing perspective, Mahindra Electric Automobile is getting free publicity from this fight. IndiGo’s position in this argument will depend on whether it has registered ‘6e’ as a trademark.”
Sandeep Goyal, chairman of Rediffusion, believes this is an interesting case. He said, “I’m not sure if ‘6e’ as a combination is registrable. However, IndiGo may well have secured the intellectual property (IP), though the trademark may not extend to automobiles.” He further added, “I’m sure Mahindra must have done its homework before using 6e in its vehicle name — it’s too public to risk unless it was unfettered and cleared by their lawyers.”
In its statement released on Saturday, Mahindra also said it has applied for trademark registration under Class 12 (vehicles) for ‘BE 6e’ as part of its electric sport utility vehicle portfolio. “The mark ‘BE’ is already registered with Mahindra in Class 12, and it stands for our Born Electric platform underpinning the BE 6e.”
“We believe it differs fundamentally from IndiGo’s ‘6e’, which represents an airline, eliminating any risk of confusion,” it added.
The statement also noted that, in the past, Tata Motors had objected to InterGlobe Enterprises using the IndiGo mark due to the Tata Indigo car brand. InterGlobe continues to use the IndiGo mark in a different industry. “We, therefore, find their objection to BE 6e inconsistent with its own previous conduct,” the statement said.
Last week, IndiGo released a statement saying that the ‘6e’ mark has been an integral part of IndiGo’s identity for the past 18 years and is a registered trademark with strong global recognition. “The ‘6e’ mark, whether standalone or in its variants and formative forms, is extensively used by IndiGo for its offerings and goods and services provided in collaboration with trusted partners.”
It added that any unauthorised use of the ‘6e’ mark, whether standalone or in any form, constitutes an infringement of IndiGo’s rights, reputation, and goodwill. “IndiGo is committed to taking all necessary and appropriate steps to safeguard its IP and brand identity,” the statement said.
The case will be heard in the Delhi HC on Monday.
(Published in Business Standard)
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August 19, 2024
Sagar Malviya & Faizan Haidar, Economic Times
19 August 2024, Mumbai/New Delhi
About a dozen listed lifestyle, grocery retailers and quick-service restaurants (QSRs) reduced their employee count by nearly 26,000 in FY24, retreating from the hiring spree of the past two financial years after they slowed down store expansion rate amid weakening demand.
According to their latest annual reports, the reduction was completely led by five retailers – Reliance Industries’ retail arm, Titan, Raymond, Page and Spencers – which saw their combined workforce decline 17% or by 52,000 people. The staff count was across permanent and contractual employees and adjusted for attrition in the retail segment, the second largest employer after agriculture. These retailers had a combined workforce of 429,000 people in FY24 compared to 455,000 employees a year ago.
“There is a shortage of talent and we are trying to tie up with universities so that the industry has the option to hire. Some companies might have reduced staff due to shutting of some business, but companies like Shoppers Stop and Trent continue to expand and will require staff,” said Kumar Rajagopalan, CEO of Retailers Association of India that represents organised retailers in the country.
Consumers had started reducing non-essential spending such as that on apparel, lifestyle products, electronics and dining out since Diwali 2022 due to inflation, increase in interest rates, job losses in sectors like startups and IT, and an overall slowdown in the economy. India’s retail sales expansion slowed to 4% last year after a surge in spending across segments-from clothes to cars-in the post-pandemic period, triggered by revenge shopping.
RIL in its annual report said the overall voluntary separations in FY24 were lower than FY23 and the retail industry typically has a high employee turnover rate, especially in store operations.
“Store productivity usually happens in cycles and we have seen consumers unleash their spending post pandemic, which led to retailers expanding their network or square footage. However, if some of the stores are unviable, then management teams are now highly objective, even ruthless, and will shut stores,” said Devangshu Dutta, founder of retail consulting firm Third Eyesight. “In addition, any company planning to list would like to have healthy and lean operations, although we cannot pin-point it to Reliance in this case.”
Weak sales saw these retailers having the slowest pace of store expansions in at least five years at 9%. The retail sector took 7.1 million square feet of space across top eight cities in 2023, which is expected to dip to 6-6.5 million sq ft in 2024, according to commercial real estate services firm CBRE.
“There’s an enormous management bandwidth requirement to just get this entire ship running in the right trajectory, right direction, and with the relevant speed. We are thinking about what this company will be 10 years from now. And hence, if you want to reach there in a nice way without too much damage or bruises, then what is the kind of talent we need to have today in the next 2 years, in the next 3 years?” Avenue Supermarts CEO & MD Neville Noronha asked investors.
(Published in Economic Times)
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January 29, 2024
Economic Times, 29 January 2024
High aspirational value, rising disposable incomes in non-metro markets, premiumisation, and social media boosting brand awareness have led to international retail brands growing at a fast pace while desi brands go easy on expansion.
Global brands such as Zara, H&M, Bugatti Fashion, La Vie en Rose, Adidas, Nike, West Elm, Starbucks, Uniqlo and Marks & Spencer are fast finding favour with Indian buyers. A significant propeller of their growth is small towns where buyers, willing to spend more, are getting more brand conscious.
According to CBRE, about two dozen international brands entered India in 2023 and expansion by global brands that are already present in the country have fuelled the demand.
Videshi retailers make more space
The retail sector recorded an all-time high leasing in 2023, taking 7.1 million sq ft across eight cities, an increase of 47% from last year despite large retailers slowing down on store expansion. A prominent factor in the growth was international brands. Retail leasing by international brands was almost 25% in 2023 compared to 14% in the previous year, ET has reported.
Canadian lingerie retailer La Vie en Rose made its debut in India in partnership with Apparel Group India and launched its first store in Delhi-NCR in July 2023 and later expanded in Pune and Bangalore. Similarly, Rimowa, a German luxury luggage brand, entered India through its partnership with Reliance Brands and opened its first store in Mumbai.
Other notable expansions by international players include French fashion & apparel brand Bugatti Fashion and the American furniture brand West Elm opening their stores in Pune, and American lingerie brand Victoria’s Secret opening stores in Hyderabad and Pune.
Making inroads into small towns
Three dozen big brands entered tier-II cities in the first nine months of 2023, as demand from smaller cities continued to be strong even after the pandemic. A good number of those were global brands.
Brands such as H&M, Marks & Spencer and GAP have entered cities like Indore, Mangalore, Patna, Ranchi, Mysore, and Coimbatore, according to data by CBRE. “India’s first retail REIT has encouraged developers to aggregate and upgrade their existing facilities, apart from developing new malls. Moreover, domestic and international fashion brands are looking to expand in non-metro cities, fueled by a well-aware and well-travelled consumer set,” Ram Chandnani, Managing Director, Advisory & Transactions Services, CBRE India, has said.
Desi retailers turn cautious
While international brands are expanding at a strong pace, desi retailers are turning cautious. India’s top retailers have significantly slowed down their store expansion this fiscal year, after opening a record number of outlets last year, ET has reported based on their latest investor disclosures. The top five retail chains – Reliance Retail, Titan Company, Avenue Supermarts that owns DMart, V-Mart Retail and Shoppers Stop – together opened 44% fewer stores in the first three quarters through December compared with a year earlier.
Top industry executives attributed the slowdown in store expansion to more focus on profitability when consumption had not picked up the way it was expected to and as most of the new markets are already filled up with two-four retailers, leaving little room for more outlets. It appears global retail brands are less vulnerable to these pressures.
Global brands buck the trend
Top global apparel and fast fashion brands appear to have struck a strong chord with young customers, racking up sales growth of anywhere between 40% and 60% in FY23, bucking the trend in a market where the overall demand for discretionary products slowed down, ET has reported based on latest filings with the Registrar of Companies.
For instance, Swedish fashion retailer H&M and rival Zara reported a 40% increase in its topline while Japanese brand Uniqlo saw a 60% jump in sales. American denim maker Levi Strauss and British brand Marks & Spencer posted a 54% increase. Dubai-based department store Lifestyle International, too, saw a 46% jump in revenues on a large base. These brands garnered combined annual revenues of nearly $2.6 billion, more than double compared to FY21 when it was $1.1 billion all put together.
“With consumers getting brand conscious, global brands have a natural advantage. There is a distinct aspirational momentum for international brands that carries them through. Also they can sustain having unsold inventory and discounting better than smaller peers,” Devangshu Dutta, founder of Third Eyesight, a strategy consulting firm, told ET recently. “Also, these brands have not yet reached saturation point in terms of network and hence can invest further to widen their reach.”
Even as international brands are aggressively adding more physical stores, the revenue surge was also led by brands’ shifting focus on ecommerce, which now accounts for more than a quarter of their sales, even as they face intensify competition from both local and global rivals in an increasingly crowded market where web-commerce firms continue to offer steep discounts. Over the past two years, sales growth for most retailers have been price-led, reversing the historic trend when volumes or actual demand drove a bulk of the sales.
The fashion retail segment has been struggling with a demand slowdown since January last year due to inflationary headwinds. The overall retail growth slowed down to 6% in both March and April, increasing marginally to 9% in August and September before falling slightly to 7% in October and November, according to the Retailers Association of India.
(Published in Economic Times)