JUDGEMENT
G.S.SISTANI, J. -
(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.
Pw-1 has also deposed that the Plaintiff's products are of an extremely high quality and consequently have met with tremendous success since their launch in the year 1985. Sales figures in respect of the Plaintiff's products bearing the trademark HERO HONDA for the last few years are reproduced below:
YEAR Sales (Rupees in Crores) 1.4.1990-31.3.1991 215.52 1.4.1991-31.3.1992 275.72 1.4.1992-31.3.1993 307.27 1.4.1993-31.3.1994 369.99 1.4.1994-31.3.1995 483.85 1.4.1995-31.3.1996 640.70 1.4.1996-31.3.1997 782.83 1.4.1997-31.3.1998 1160.72 1.4.1998-31.3.1999 1552.90 1.4.1999-31.3.2000 2269.87 1.4.2000-31.3.2001 3192.96 1.4.2001-31.3.2002 4539.49 1.4.2002-31.3.2003 5194.58 1.4.2003-31.3.2004 5997.47 1.4.2004-31.3.2005 7562.68 1.4.2005-31. 3.2006 8870.26 1.4.2006-31.3.2007 10089.81 1.4.2007-31.03.2008 10517.22 1.4.2008-31.03.2009 12565.21 1.4.2009-31.03.2010 16098.79
Pw-1 has also deposed that copies of the Annual Reports of the Plaintiff for the years 1993 to 2008 are filed and are collectively exhibited as Ex. Pw-1/5 (i) to Ex. Pw-1/5 (xiii). Copies of the sale invoices of the Plaintiff's products bearing the trademark HERO HONDA for the years 1996, 1997, 2001 to 2009 are collectively exhibited as Ex.Pw-1/6 (i) to Ex.Pw-1/6 (xvi).
(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:
YEAR Expenditure (Rupees in lakhs) 01.04.1990-31.03.1991 459.55 01.04.1991-31.03.1992 363.49 01.04.1992-31.03.1993 551.47 01.04.1993-31.03.1994 674.94 01.04.1994-31.03.1995 682.50 01.04.1995-31.03.1996 1569.58 01.04.1996-31.03.1997 2058.70 01.04.1997-31.03.1998 2321.01 01.04.1998-31.03.1999 2601.42 01.04.1999-31.03.2000 4681 01.04.2000-31.03.2001 6112 01.04.2001-31.03.2002 9016 01.04.2002-31.03.2003 14186 01.04.2003-31.03.2004 12446 01.04.2004-31.03.2005 14748 01.04.2005-31.03.2006 19183 01.04.2006-31.03.2007 24143 01.04.2007-31.03.2008 22178 01.04.2008-31.03.2009 24960 01.04.2009-31.03.2010 36497
Copies of advertisement and promotional material pertaining to the plaintiff's products bearing the trademark HERO HONDA have been collectively exhibited as Ex. PW-1/7 (i) Ex. PW-1/7 (viii).
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