Delhi High Court Rules In Favour Of Hero MotoCorp; EV Startup Barred From Using ‘Destiny’ Trademark

The Delhi High Court has granted an ex parte ad-interim injunction to Hero MotoCorp in its case against Urban Electric Mobility and its associates. Urban Electric Mobility, an EV startup currently manufactures and sells two models in India under the names ‘Destiny’ and ‘Destiny Plus’. This decision comes after Hero had earlier filed a suit against the startup claiming infringement of its ‘Destiny’ trademark. The order was passed on August 13 by Justice Tejas Karia.

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Hero MotoCorp has told the court that it is the prior and registered proprietor of the marks ‘DESTINY’, ‘DESTINI’ and ‘DESTINI PRIME’ under Classes 12 and 37. During the case, it was argued that Urban Electric Mobility, by using the nametags for its products, tried to pass itself off as an associate of Hero, likely in an attempt to boost sales and reputation. The startup’s associates-Galaxy EV were also selling and promoting scooters with the same nametags via a commercial arrangement.

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It was also pointed out that Urban Electric Mobility was using the mark ‘Hero’, which would potentially cause further confusion among consumers about the origins of the product. With the mentioned findings the court noted that Hero MotoCorp showed strong prima facie evidence, and that the continued usage of the aforementioned nametags by Urban Electric would cause damage to Hero’s reputation. The startup has now, accordingly, been restrained from using, selling, promoting, or manufacturing any products that bear the ‘Destiny’ nametag.