SC restrains Hero Ecotech from using Hero trade name
In a breather to bicycle maker Hero Cycles, the Supreme Court has restrained rival Hero Ecotech Limited from using the trade name “Hero” for its bicycles. A bench headed by Justic Ranjan Gogoi set aside the Patna High Court order and restored the injunction order granted by the trial Court.
“Having considered the relevant clauses of agreement dated May 20, 2010 as well as the Business Realignment Agreement dated January 31, 2010, we are of the view that the High Court fell into error in interfering with the order of the trial court. “We, therefore, set aside the order of the High Court and restore the order of injunction granted by the trial court on the same terms. We request the trial court to expedite the trial and complete the same as early as possible, uninfluenced by the terms of the present order,” the bench also comprising Justice Prafulla C Pant said.
The apex court order came on an appeal filed by Hero Cycles Limited against Patna High Court order which had set aside and vacated March 21, 2015 injunction order granted by the trial court. The trial court had said that Hero Cycles Limited has exclusive rights over trademark and trade name “HERO” with or without prefix or suffix for the manufacture and sale of bicycles and bicycle components in India.
It had also restrained Hero Ecotech Limited from “infringing the exclusive rights of Hero Cycles Limited in the trademark and trade name ‘HERO’ with or without prefix or suffix for bicycles, tricycles or their parts in India”. Punjab-based Hero Ecotech Ltd is led by Vijay Munjal, while Hero Cycles is owned by his relative O P Munjal.