Hero Electric Vehicles Private Limited & Anr. v. Mr. Guddu Ansari & Ors. [CS(COMM) No. 598/2021] Order dt. 25.11.2021

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.