Trademark Dispute Of 2014 Between Hero Cycle & Hero Ecotech| Patna HC Requests Trial Court To Complete Trial At Earliest Possible
|The Patna High Court in a 2014 dispute between Hero Cycle Limited and Hero Ecotech Limited relating to trademark infringement has requested the Trial Court to expedite and complete the trial as early as possible.
A Single Bench of Justice Sunil Dutta Mishra observed, “In view of the aforesaid facts and circumstances, the learned Trial Court is requested to expedite the trial and complete the same as early as possible without giving unnecessary adjournment and both the parties are directed to cooperate the trial Court in early disposal of the title suit.”
The Supreme Court in this matter had earlier in 2016 restored the order of injunction granted by the trial court and requested it to expedite the trial and complete the same as early as possible uninfluenced by the terms of the said order.
Advocates Jitendra Kishore Verma with Anjani Kumar Jha appeared for the petitioners while Senior Advocate Y.V. Giri with Advocates Suraj Samdarshi and Vijay Shanker Tiwari appeared for the respondents.
Factual Background -
A plea was filed against the order passed by the Additional District Judge in a suit whereby the petition of the respondents for recall of the order dated July 4, 2015, was allowed with cost. In this case, the petitioners filed a civil suit in 2014 before the District Court seeking a decree of permanent injunction against the respondent from using and trading of the registered trademark ‘HERO’ in relation to the bicycle and its parts.
The petitioners also sought a mandatory injunction, rendition of accounts, and other reliefs against the respondents. The trial court restrained the respondents from using the aforesaid trademark either by itself of in conjunction with any prefix or suffix for bicycles or parts thereof. On a Special Leave Petition (SLP) filed before the Apex Court by the petitioners, the order passed by the High Court allowing the appeal of the respondents was set aside and the trial court’s order was restored directing both parties to make sincere efforts for early disposal of the title suit.
The High Court after hearing the contentions of the counsel noted, “Having heard the learned counsel for the parties and considering the facts and circumstances of the case and the legal provisions as discussed above, I am of the considered opinion that there is no illegality or substantive procedural irregularity for interference by this Court in its supervisory jurisdiction under Article 227 of the Constitution of India.”
The Court said that the civil miscellaneous petition filed by the petitioners is devoid of merit and liable to be dismissed.
“It appears from the record that Hon’ble Supreme Court vide order dated 31.08.2016 restored the order of injunction granted by the learned Trial Court and requested the learned Trial Court to expedite the Trial and complete the same as early as possible uninfluenced by the terms of the said order. The learned Trial Court also in its order dated 07.09.2019. directed both the parties to make sincere efforts for early disposal of the Title Suit”, also noted the Court.
Accordingly, the Court dismissed the plea.
Cause Title- Hero Cycle Limited & Anr. v. Hero Ecotech Limited & Ors.