HC restrains firm from using Honda trademark

The Delhi High Court has restrained Shree Assuramji Scooters from selling motorcycle parts bearing the Hero Honda trademark with or without the logo, or any other deceptively similar trademark.

While passing a permanent decree in favour of Hero Honda Motors, Justice Sanjay Kishan Kaul directed the defendant to hand over the seized goods to Hero Honda so that the same could be destroyed.

"The plaintiff is entitled to a decree of permanent injunction against defendant from dealing with the goods having infringing marks," the court held.

Besides costs incurred in the litigation, the court also gave damages of Rs 5 lakh, sought by the company.

According to the court, there is a larger public purpose involved to discourage such parties from indulging in such acts of deception.

"The defendant is attempting to counterfeit the products of the plaintiff and pass off its goods. This not only causes loss of profits to the plaintiff, but results in inferior products made available to the public at large who are deceived by the conduct of the defendant," Justice Kaul said.

Japanese motorcycle manufacturer Hero Honda, in its petition for infringement of its trademark and copyright, had stated that the company's logo was its original artistic work created by Shobhagya Advertising Services exclusively for it. Besides, the packaging of its spare parts was created by Mansa Packagers Pvt Ltd, it said.

Counsels Praveen Anand and Sagar Chandra, appearing for Hero Honda, had contended that instead of utilising its energy for expansion of its business and sale of its products, the company had to spend its resources, through these litigations, on bringing to book these offending traders.

According to company, it had spent around Rs 130 crore on its promotions and advertisements, besides its sales figures had crossed Rs 5,700 crore for April 2003 to January 2004.