SHIVAJI PANDEY
Hero Ecotech Limited – Appellant
Versus
Hero Cycles Limited – Respondent
In this case, appellants are challenging the order dated 21st March 2015 passed by the District Judge, Patna in Title Suit No. 5031 of 2014 whereby and whereunder he has dismissed the application for vacating the order of interim injunction as provided under Order XXXIX Rule 4 of the Code of Civil Procedure and thereby allowed the continuation of injunction order dated 22nd September 2014 thereby restrained the appellant from using, applying and/or engraving and /or causing to be used, applied/or engraved the registered trade mark “Hero” either by itself or in conjunction or formation with any other word or mark or any deceptive version of the registered trade mark, trading style or trade dress in relation to bicycle or bicycle parts. The appellant No.2 and respondent No.2 are agnates belonging to the Munjal Family originally, residing in Pakistan, later on entire family shifted to Amritsar where they started supplying bicycle parts to the local bicycle businessman and after 1947, they shifted to Ludhiyana where they expanded their business and in course of time, they became business tycon of India in manufacturing bicycles and its components, including motorcycle. In cou
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