HERO ELECTRIC VEHICLES PRIVATE LIMITED & ANR. vs MR. NITISH KUMAR & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.01.2026 Judgment delivered on: 04.02.2026 + CS(COMM) 104/2022 HERO ELECTRIC VEHICLES PRIVATE LIMITED & ANR. .....Plaintiffs versus MR. NITISH KUMAR & ORS. .....Defendants Advocates who appeared in this case: For the Plaintiffs : Ms. Pragya Mishra, Advocate for Plaintiff No.2. For the Defendants : None. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. The present suit has been filed seeking, inter alia, a decree of permanent injunction against the defendant nos.1 and 2, to prevent the dishonest adoption and subsequent unauthorized use of its trademarks and copyrights in relation to offering services and, inter alia, soliciting dealership enquiries with respect to sale and exhibition of electric vehicles bearing identical and/or confusingly and deceptively similar trademarks HERO ELECTRIC/HERO MOTOCROP/ / or any other trademark, through the domain name, www.evbikedealership.online and the e-mail ID [email protected], being registered with the defendant no.3/GoDaddy.com, LLC (DNR), as well as damages and costs. Signature Not Verified By:YASHRAJ CS(COMM) 104/2022 Page 1 of 16 Digitally Signed Signing Date:04.02.2026 15:37:24 2. It is the case of the plaintiffs that the plaintiff no.1/Hero Electric Vehicles Private Limited is in the business of electric vehicles and related infrastructure development. The plaintiff no.2 is a partnership firm established on 01.05.2010 and is the trademark holding entity of the plaintiff group of companies, which includes entities such as Hero Electric Vehicles Private Limited (plaintiff no.1). 3. The plaintiff no.2, in order to obtain statutory protection over its brand and trademark HERO ELECTRIC, in the year 2008, when it was a p