The Delhi High Court recently granted an ex parte ad-interim injunction in favour of Hero MotoCorp Limited, restraining Urban Electric Mobility Private Limited and its associated entities (defendants) from using the marks ‘DESTINY’, ‘DESTINY+’ and ‘DESTINY PRO’ for electric scooters [Hero Motorcorp Limited Vs Urban Electric Mobility Private Limited and ors].
Justice Tejas Karia passed the order on August 13 on a suit filed by Hero MotoCorp alleging trademark infringement, passing off and unfair competition.
Hero MotoCorp submitted that Hero MotoCorp is the prior and registered proprietor of the marks ‘DESTINY’, ‘DESTINI’ and ‘DESTINI PRIME’ under Classes 12 and 37.
It was contended that:
Defendants 1–4, trading as Urban ebikes, were manufacturing and selling scooters under the marks ‘DESTINY’ and ‘DESTINY+’.
Defendants 5–6, trading as Galaxy EV, were selling and promoting scooters under ‘DESTINY’ and ‘DESTINY PRO’ in commercial arrangement with Defendants 1–4.
These marks are structurally, phonetically and visually identical and deceptively similar to Hero MotoCorp’s marks and their use is intended to ride on Hero’s goodwill.
Defendant Nos. 1–3 were also using the mark ‘HERO’, thereby perpetuating misrepresentation and causing consumer confusion.
It was argued that the adoption of these marks was with the intention to ride upon the reputation and goodwill enjoyed by the Hero MotoCorp and to give an impression to consumers and the general public that the defendants had some association or collaboration with Hero.
It was further submitted that defendants 1–3 were also using the mark ‘HERO’, amounting to a misrepresentation that could cause irreparable loss of goodwill and harm to the market share of Hero.
Justice Karia held that Hero MotoCorp had made out a case for urgent relief.
“Having considered the submissions advanced by the learned Counsel for the Plaintiff, the pleadings and the documents on record, a prima facie case has been made out by the Plaintiff for grant of an ex-parte ad-interim injunction. Balance of convenience is in favour of the Plaintiff and against the Defendants. Irreparable injury would be caused to the Plaintiff if the Defendants are allowed to continue to use the Impugned Marks," the Court held.
Accordingly, the defendants, their owners, directors, employees and business associates were restrained from selling, offering to sell, rendering, manufacturing, advertising, promoting through any offline and online means such as websites or social media platforms or in any other manner, any products using the marks ‘DESTINY’, ‘DESTINY+’ and ‘DESTINY PRO’ or any other mark identical and / or deceptively similar to the marks, ‘DESTINY’, ‘DESTINI’ and ‘DESTINI PRIME’.
Hero was represented by Advocates Saikrishna Rajagopal, Sidharth Chopra, Kanishk Kumar, Deepika Pokharia, Priyansh Kohli and Abhinav Bhalla from Saikrishna & Associates.
[Read Order]