New Delhi, October 26: The Delhi HC has restrained two persons from marketing or selling on eBay.in , products under the name of ‘Royal Enfield,’ ‘Bullet’ or any other trademark deceptively similar to the ones coined by Eicher Motors Ltd. which manufactures the Royal Enfield motorbikes.
A Single Bench of Justice Manmohan Singh passed the interim order saying Eicher has made out a “strong prima facie case” for grant of ex-parte ad-interim injunction against the persons who were selling on e-commerce site, www.ebay.in, biking gear and items bearing the trademarks of the Company.
The matter is to be up for further hearing on November 27, reports PTI.
The Court’s interim order had come after the Company claimed in its plea that the defendants — Saurabh Katar and Kuldeep Singh — were selling on different e-commerce sites fake products having the trademarks ‘Royal Enfield,’ ‘Bullet,’ ‘Made like a Gun’ etc and were deceiving customers.
In its plea, Eicher Motors Ltd. has claimed that “the actions of the defendants constitute infringement and passing off of the plaintiff’s (Eicher) trademarks, infringement of plaintiff’s copyright and dilution of plaintiff’s trademarks.”
It has said that apart from selling the motorcycles, it also sells “bike-care products, apparels and other lifestyle-related products such as riding gear, rain suits, caps, t-shirts, ready-made garments, jeans, trousers, jackets, gloves, helmets, head gears, boots and shoes, mugs, key-chains, bike covers etc” under its various trademarks.
The Court’s interim order had come after the Company claimed in its plea that the defendants — Saurabh Katar and Kuldeep Singh — were selling on different e-commerce sites fake products having the trademarks ‘Royal Enfield,’ ‘Bullet,’ ‘Made like a Gun’ etc and were deceiving customers.
In its plea, Eicher Motors Ltd. has claimed that “the actions of the defendants constitute infringement and passing off of the plaintiff’s (Eicher) trademarks, infringement of plaintiff’s copyright and dilution of plaintiff’s trademarks.”
It has said that apart from selling the motorcycles, it also sells “bike-care products, apparels and other lifestyle-related products such as riding gear, rain suits, caps, t-shirts, ready-made garments, jeans, trousers, jackets, gloves, helmets, head gears, boots and shoes, mugs, key-chains, bike covers etc” under its various trademarks.
The Company has denied (both directly and indirectly) being engaged in online sale of any of its products under the trademarks, except through its official online store.