Case Title: Hero Invest Corp Private Limited Vs Sehgal Auto House through its Proprietor Mr. Sunil Sehgal:Date of Order: April 22, 2025:Case Number: CS(COMM) 436/2022:Court: High Court of Delhi at New Delhi:Presiding Judge: Hon’ble Mr. Justice Saurabh Banerjee
Facts:
The plaintiffs, Hero Invest Corp Pvt. Ltd. and Hero MotoCorp Ltd., owners of the registered trademark ‘HERO’ and the 'H' device logo, filed a suit against the defendant, Sehgal Auto House, for infringing their intellectual property rights. The defendant, a spare parts supplier, was found selling counterfeit automotive parts bearing the plaintiffs’ marks without authorization, invoices, or warranty, and at prices below genuine MRP. An ex-parte injunction was granted earlier, and a Local Commissioner seized 5,682 infringing items from the defendant’s premises.
Legal Issues:
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Whether the defendant’s use of the trademark ‘HERO’ and ‘H’ device constituted trademark and copyright infringement?Whether the plaintiffs were entitled to a permanent injunction under Order XIII-A CPC based on undisputed facts?
Reasoning:
The Court noted the extensive goodwill, market reputation, and financial records presented by the plaintiffs. The defendant did not deny the claims, had shut down his business, and paid a nominal settlement amount of ₹3,00,000. The counterfeit nature of the products was confirmed through unique product identifiers maintained by the plaintiffs. Since the defendant did not contest the local commissioner’s report or continue the infringing activity, the court found no triable issue.
Final Decision:
The suit was decreed in favor of the plaintiffs. A permanent injunction was granted restraining the defendant and all associated persons from dealing in any goods or services bearing the mark ‘HERO’, the ‘H’ device, or any similar mark, thus upholding the plaintiffs’ trademark and copyright rights.
