Delhi High Court Grants Hero Motocorp Ex-Parte Injunction Against Sunanda Greentech for Trademark Infringement

Sunanda Greentech restrained from using marks deceptively similar to Hero Motocorp's registered trademarks 'DESTINY', 'DESTINI', and 'DESTINI PRIME'

In a significant development, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Hero Motocorp Limited against Sunanda Greentech Private Limited, restraining the latter from using trademarks that are deceptively similar to Hero Motocorp's registered trademarks. The judgment, delivered by Justice Ms. Manmeet Pritam Singh Arora, underscores the protection of intellectual property rights and the importance of safeguarding brand identity in the competitive automotive market.

The case, filed as CS(COMM) 1271 of 2025, revolved around allegations that Sunanda Greentech was infringing upon Hero Motocorp's trademarks by using similar marks such as 'DESTINY', 'DESTINY+', 'DESTINY PRO', and 'DEST PRO+' for their electric vehicles. Hero Motocorp, a leading name in the motorcycle and scooter industry for over four decades, claimed that these marks were structurally, phonetically, and visually identical to its registered trademarks 'DESTINY', 'DESTINI', and 'DESTINI PRIME'.

Hero Motocorp's legal team, led by Mr. Saikrishna Rajagopal, argued that the use of these marks by Sunanda Greentech was likely to create confusion among consumers, leading them to believe that Sunanda's products were associated with or endorsed by Hero Motocorp. Despite a cease-and-desist notice issued by Hero Motocorp in June 2025, Sunanda Greentech continued to use the impugned marks, prompting Hero Motocorp to seek judicial intervention.

The court, after reviewing the substantial sales figures and the established goodwill of Hero Motocorp, found a prima facie case for trademark infringement and passing off. The judgment noted that the balance of convenience favored Hero Motocorp and that the company would suffer irreparable loss if Sunanda Greentech was not restrained from using the deceptively similar marks.

As per the court order, Sunanda Greentech, along with its associates, has been prohibited from manufacturing, advertising, or selling any products under the impugned marks. The decision aims to prevent any unauthorized association of Sunanda's products with Hero Motocorp's renowned trademarks.

The court also granted an exemption to Hero Motocorp from the requirement of pre-institution mediation, citing the urgency of the interim relief sought. The case is scheduled for further proceedings in April 2026, allowing both parties to present their arguments comprehensively.

This judgment serves as a reminder of the judicial system's role in upholding trademark rights and deterring unfair competition practices, ensuring that established brands can protect their identity and reputation in the marketplace.

Bottom Line:

Trademark - Grant of ex-parte ad-interim injunction - Defendant restrained from using trademarks deceptively similar to Plaintiff's registered trademarks to prevent infringement and passing off.

Statutory provision(s): Trademarks Act, 1999, Sections 28, 29; Code of Civil Procedure, 1908 (Order XI Rule 1(4), Order XXXIX Rules 1 & 2); Commercial Courts Act, 2015, Section 12A

Hero Motocorp Limited v. Sunanda Greentech Private Limited, (Delhi) : Law Finder Doc Id # 2816640