Patna District Court Restrains Hero Ecotech Ltd. From Using Trade Name “HERO” For Bicycles
The Hon’ble Patna District Court has ruled that Hero Cycles Ltd. enjoys the exclusive rights to use ‘HERO’ as a trade name or trademark for manufacturing and sale of bicycles and bicycle components in India while restraining Vijay Munjal’s Hero Ecotech Ltd. from using the trade name in any form for bicycles.
The court held that use of corporate name Hero Ecotech Ltd. in relation to bicycles and bicycles components amounts to contempt of court and 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. The order was passed by the court of Addl. District and Sessions Judge, Patna on September 19 while deciding the issue of Interim Injunction.
The court also held that the sale of Kross bicycles shown to be manufactured by “Hero Ecotech Ltd” amounts to contempt of court as it is against previous orders dated 22.09.2014 and 21.03.2015 passed by the same court.
The OP Munjal -Hero Group companies include cycle behemoth Hero Cycles Limited, auto parts manufacturing companies-Hero Motors Division ZF Hero Chassis Systems Private Limited, Munjal Kiriu Industries Private Limited, hospitality arm Munjal Hospitality and luxury home décor products company Oma Living. Incorporated in 1966, Hero Cycles Limited is one of the largest cycle manufacturers in the world.
“The Hon’ble court has once again reiterated its previous order that the trademark, trade name and corporate name ‘HERO’ with or without any prefix or suffix belongs exclusively to Hero Cycles Limited only in the context of sale of bicycles and bicycle components. We want to notify the trade community at large not to deal or trade in or sell or offer for sale or advertise such products under trademark or trade name ‘HERO’ except those that originate from or are sold by or under authorisation from Hero Cycles Limited,” said Pankaj Munjal, Chairman, Hero Cycles Ltd.
Hero Cycles Ltd has also urged the trade community not to have dealings with any other company using HERO as part of trade name or corporate name with or without any prefix or suffix for sale and purchase of bicycle and bicycle component in India as the same would amount to violation of the Order of the Hon'ble Supreme Court dated 31 August 2016 and provisions of The Trademarks Act 1999. Any violation of the Order will attract severe penalties including raids, confiscation of infringing products in addition to other civil or criminal remedies available under Law.
Hero Cycles Ltd. cautions the general public against not to buy Kross bicycles under the false impression that they are products of or in any manner related to Hero Cycles Ltd.
