Orange, Hutch bury branding hatchet

UK-based Orange group of companies and Hutchison Max Telecom Ltd are working on an out-of-court settlement over a trademark and copyright violations dispute.

Orange had earlier approached the Delhi High Court, accusing Hutch of encroaching upon its intellectual rights.

According to sources close to the development, Orange's lawyers had sought an adjournment in the Delhi High Court, and both companies were in the process of negotiating a settlement.

Orange had alleged that Hutch was using its "Orange mark" outside the licensed territory amounting to trademark infringement, and was also responsible for copyright infringement as it had picked up images from the Orange Image Library and used the same to benefit the Hutch brand.

The UK-based company had also said that Hutch had created images which were entirely based on Orange brand guidelines.

While the terms and conditions for the settlement were to be worked out, the fallout would not affect the licence agreement between the two companies, sources said.

"Orange has sought detailed explanations over issues that were brought up before the Delhi High Court. Talks are on. Hutch has replied to some of the points raised, and is in the process of providing additional clarifications as demanded by Orange," said a source involved with the negotiations.

In December 1999, the two companies had entered into a licence agreement on trademark use and provide telecom services under the Orange brand in territories of Mumbai, Navi Mumbai and Kaylan.

The agreement also allowed Hutch to use Orange's trade marks, unique marketing image and other related intellectual property in the licensed territory.