India:
Hero Electric Vehicles Private Limited & Anr. v. Mr. Guddu Ansari & Ors. [CS(COMM) No. 598/2021] Order Dt. 25.11.2021
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Recently, Hero Electric Vehicles Pvt. Ltd. successfully enforced
their rights in the Delhi High Court against a defendant who was
infringing upon Hero Electric’s trademarks, copyright and
domain name.
Hero Electric averred before the court that it owns and has used
the marks HERO and HERO ELECTRIC on/in relation to electric
vehicles and battery fitted electric products in more than 50
countries, including India and owns/ operates various HERO
formative domain names and websites, including http://www.heroelectric.in.
Hero Electric claimed that the defendant had adopted a nearly
identical trade mark, HERO ELECTRO, which was being used as a
corporate name and as part of the defendant’s website http://www.heroelectro.in. As per Hero
Electric, the defendant was soliciting dealership enquiries for the
sale of electric vehicles, under the mark HERO ELECTRO. Hero
Electric also alleged that the defendant’s website was
identical to Hero Electric’s in terms of the user interface,
texts, pictures and layout, thereby infringing upon Hero
Electric’s copyright.
The Court, in view of the aforesaid, opined that Hero Electric
had established a prima facie case in its favor. The Court passed
an interim order restraining the defendant from using the
infringing mark, domain name and website till the next date of
hearing.
Recently, Hero Electric Vehicles Pvt. Ltd. successfully enforced
their rights in the Delhi High Court against a defendant who was
infringing upon Hero Electric’s trademarks, copyright and
domain name.
Hero Electric averred before the court that it owns and has used
the marks HERO and HERO ELECTRIC on/in relation to electric
vehicles and battery fitted electric products in more than 50
countries, including India and owns/ operates various HERO
formative domain names and websites, including http://www.heroelectric.in.
Hero Electric claimed that the defendant had adopted a nearly
identical trade mark, HERO ELECTRO, which was being used as a
corporate name and as part of the defendant’s website http://www.heroelectro.in. As per Hero
Electric, the defendant was soliciting dealership enquiries for the
sale of electric vehicles, under the mark HERO ELECTRO. Hero
Electric also alleged that the defendant’s website was
identical to Hero Electric’s in terms of the user interface,
texts, pictures and layout, thereby infringing upon Hero
Electric’s copyright.
The Court, in view of the aforesaid, opined that Hero Electric
had established a prima facie case in its favor. The Court passed
an interim order restraining the defendant from using the
infringing mark, domain name and website till the next date of
hearing.
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