**Summary**
In this trademark and copyright infringement suit, Hero Electric Vehicles Private Limited (plaintiff no.1) and its trademark-holding partnership firm (plaintiff no.2) alleged that defendants no.1 (Nitish Kumar) and no.2 (sole proprietorship "Hero Electric @Hero Motocrop") dishonestly adopted and used the plaintiffs' registered trademarks "HERO ELECTRIC", "HERO" formative marks (registered since 2008 in Class 12), logos, and copyrighted artistic/literary works to operate a rogue website www.evbikedealership.online and email contact@evbikedealership.online, falsely soliciting dealership enquiries, impersonating the plaintiffs, and fraudulently collecting money (evidenced by bank records showing over Rs.8.84 lakhs withdrawn from victims via forged documents).
The suit sought permanent injunction, damages, costs, domain/email transfer, and other reliefs. Summons issued on 14.02.2022 with ex-parte ad-interim injunction restraining the impugned use, website takedown, and domain transfer; defendants never appeared despite service, leading to ex-parte proceedings. The Court, noting defendants' wilful default, uncontroverted pleadings/documents proving long-standing goodwill/reputation of "HERO ELECTRIC" (with revenues in crores, awards, extensive promotion), clear infringement/passing off/copyright violation, cheating of public via scam, irreparable harm, and balance of convenience favouring plaintiffs, decreed the suit ex-parte without formal evidence (as repetitive), granted permanent injunction, Rs.20 lakh aggravated/punitive damages, Rs.3 lakh costs, domain/email transfer to plaintiffs, and restraint on the impugned bank account.
Crisp bullet points of law settled:
In IPD matters, where defendants remain ex-parte despite service and material on record sufficiently establishes plaintiffs' claim (including infringement, goodwill, fraud via rogue website), the Court can pass decree/summary judgment without directing formal ex-parte evidence, .
In ex-parte IP infringement cases involving clear evidence of fraud (bank records, forged documents), irreparable injury to reputation/goodwill and balance of convenience tilt decisively in plaintiffs' favour, justifying decree without trial.
Case Title:Hero Electric Vehicles Private Limited Vs Mr. Nitish Kumar:04.02.2026:CS(COMM) 104/2022:2026:DHC:903:Hon'ble Mr. Justice Tushar Rao Gedela
Disclaimer: Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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