HERO HONDA MOTORS LIMITED Vs. RAFIQ MEMON

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for permanent injunction, restraining infringement of trademark, copyright, delivery up, rendition of accounts etc. against the defendant. While issuing summons in the suit and notice in the application for stay on 21.12.2010 this court had restrained the defendants, its agents, distributors and / or any other persons acting for and on behalf of the defendant, from selling motorcycle parts bearing the trade mark HERO HONDA with or without the logo or any other trade mark and/or logo which is deceptively similar to the plaintiff's trade mark HERO HONDA and/or logo as also the product packaging of the plaintiff.

(2.) THE defendants were proceeded ex parte by an order dated 27.07.2011. Plaintiff has filed the affidavit by way of evidence of Ms.Purnima Dogra, Assistant Manager (Constituted Attorney of plaintiff company). THE affidavit by way of evidence has been exhibited as Ex.PW-1/A. She has deposed on the lines of the plaint. PW-1 has deposed that the plaintiff company was originally incorporated on January in 1984 as a joint venture company. During the pendency of the suit, plaintiff has changed its name from "Hero Honda Motors Limited" to "Hero MotoCorp Limited". THE certificate of incorporation has been exhibited as Ex.PW- 1/3.

(3.) PW-1 has also deposed that the plaintiff has also spent a considerable sum of money on the promotion of its products bearing the trade mark HERO HONDA. It has also been deposed that the plaintiff has acquired tremendous reputation and goodwill in the trade and also amongst the public at large through large-scale advertisement campaigns, innovative promotional schemes including sponsorship of events and by periodically issuing caution notices. The annual advertisement figures pertaining to the trade mark HERO HONDA for the past few years are as under: