Hero Electric Vehicles secures interim injunction against fraudulent use of ‘Hero’ mark
Hero Electric Vehicles Private Limited is in the business of electric vehicles. They have a global presence of their tradename ‘Hero’ and ‘Hero Electric/Hero Motorcrop’ and ‘Hero Service’ in various countries worldwide, including India.
The plaintiff came to know that the defendant, Mr. Nitish Kumar, was operating domain names and ID contacts to announce the plaintiff’s dealership, to cheat the public. The defendants used to assert dealership of the plaintiff’s vehicles, take money from them and vanish as a result of which the people who were duped of the same started contacting the plaintiffs.
Not only this, the defendants even sent approval letters of electric vehicle dealership to several people on the letterhead of their company ‘Hero Motorcop.’ They even copied the identity card of one of the plaintiff’s staff.
Justice Asha Menon of the Hon’ble Delhi High Court, while issuing an interim injunction against the defendants, stated that the plaintiffs had built a reputation in the market, owing to which people are attracted to their dealership. The Court further restrained the defendants from using the plaintiff’s ‘Hero’ and related trademarks in any manner whatsoever and taking down any material available on the Internet with immediate effect.
Additionally, the Court also ordered Def. 4 to disclose the details of the account holder operating under the fraudulent name and style of ‘M/s Hero Electric and / M/s Hero Motocrop Pvt Ltd/ M/s Hero Motocrop’ and freeze the operations in the said bank accounts with immediate effect.
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