Delhi High Court Grants Interim Relief To Hero Motocorp In Trademark Infringement Suit Against 'Destiny' Electric Scooters
The Delhi High Court has restrained electric-two wheeler manufacturers Urban E-Bike and Galaxy EV from using the trademark 'DESTINY' for their products, in a trademark infringement suit filed by bike manufacturer Hero Motocorp.Justice Tejas Karia further restrained the defendants from using 'DESTINY+' and 'DESTINY PRO' marks in relation to their two wheelers.Hero Motocorp, claiming to be...
The Delhi High Court has restrained electric-two wheeler manufacturers Urban E-Bike and Galaxy EV from using the trademark 'DESTINY' for their products, in a trademark infringement suit filed by bike manufacturer Hero Motocorp.
Justice Tejas Karia further restrained the defendants from using 'DESTINY+' and 'DESTINY PRO' marks in relation to their two wheelers.
Hero Motocorp, claiming to be the prior user and registered proprietor of the Marks 'DESTINY', 'DESTINI' and 'DESTINI PRIME', has approached the High Court alleging trademark infringement, passing off and unfair competition.
It claimed that the Impugned Marks are structurally, phonetically and visually identical and / or deceptively similar to its registered marks, making room for confusion in the minds of unwary customers.
“The Defendants' use and adoption of virtually identical and / or deceptively similar Subject Marks for identical goods is with the intention to ride upon the reputation and goodwill enjoyed by the Plaintiff and to give an impression to consumers and the general public that the Defendants bear some association or collaboration with the Plaintiff,” the company argued.
It was further pointed out that some defendants were even using the Mark 'HERO' to perpetuate misrepresentation. “Such misrepresentation will result in consumer confusion leading to irreparable loss of goodwill and market share of the Plaintiff,” it was argued.
Considering these submissions, the High Court said a prima facie case has been made out by the company for grant of an ex-parte ad-interim injunction.
It therefore restrained the defendants from using “the Impugned Marks 'DESTINY', 'DESTINY+' and 'DESTINY PRO' or any other mark identical and / or deceptively similar to the Subject Marks 'DESTINY', 'DESTINI' and 'DESTINI PRIME' in relation to the identical or any allied or cognate goods or services.”
The matter is now listed on November 24.
Appearance: Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra, Mr. Kanishk Kumar, Ms. Deepika Pokharia, Mr. Priyansh Kohli and Mr. Abhinav Bhalla, Advocates for Plaintiff
Case title: Hero Motocorp Limited v. Urban Electric Mobility Private Limited & Ors
Citation: 2025 LiveLaw (Del) 983
Case no.: CS(COMM) 832/2025