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SANJEEV NARULA
Hero Investcorp Private Limited – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)
1. The Plaintiffs, owners of the trademark "HERO", "
" "
", have filed the present suit seeking various remedies including permanent injunction restraining Defendants from selling counterfeit `Hero genuine 4t plus motorcycle engine oil', which bear the Plaintiffs' marks and identical packaging.
2. Defendants No. 2-4 were served through newspaper publication on 22nd March, 2023 and Defendants No. 5-11 through courier. Despite being served with summons in the suit and being restrained by an ex-parte ad-interim injunction order on 2nd September,2022, the Defendants have failed to contest the present proceedings. The time to file their written statement has also since expired, as recorded in orders dated 23rd March 2023 and 11th August, 2023.
3. The matter is now before the Court for final disposal.
The Plaintiffs' Case
4. The Plaintiff Nos.1 and 2 are `Group Companies' carrying on their business under the house mark "HERO". The trademark "HERO" is also used as label and device marks "
" "
" [Collectively referred to as "HERO marks"]. They are engaged in the business of manufacturing and selling of various automative products and services under the trademark HE
Failure to contest a case can lead to deemed admissions of all facts mentioned in the plaint, and evidence presented by the Plaintiffs can satisfy the test required to prove infringement.
Trademark infringement occurs when identical trademarks are used on counterfeit goods, leading to public confusion and deception.
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