A trademark plays a crucial role in safeguarding a business against competitors who might replicate a business strategy without offering compensation. Having said that, last month we provided an exclusive report on Bangalore-based EV start-up Ultraviolette Automotive having issued a notice to Hero MotoCorp over trademark infringement. And now post a hearing on October 12, an official order has been issued by the High Court of Delhi on the matter.
Ultraviolette hasn't yet made public the use the trademarked ‘X44’ name
The prosecutor, Ultraviolette Automotive, had filed for a trademark ‘X44’ in September 2022, which was ‘Approved and Advertised’ on the national filings portal. And about two months later in November 2022, the defendant, Hero MotoCorp applied for the trademark ‘X440’, which further went on to be used for the first Made-in-India Harley-Davidson motorcycle that was co-developed with the American bike maker. Meanwhile, UV hasn’t publicly announced its plans for the ‘X44’ title yet. On the other hand, the new H-D X440 model has received over 25,000 bookings already in a month. And now, since the commencement of the sale on October 15, 1,000 units of the X440 have already been sold, with more on the way.
Hero MotoCorp has managed to receive over 25,000 bookings for the H-D X440 and has sold 1000 units of the motorcycle
However, the court’s order states that the defendant needs to submit the necessary documents against the notice within 30 days. Reply to the notice needs to be filed by the defendant on or before October 26, 2023. And if any response needs to be filed, it needs to be filed on or before November 2, 2023. The second hearing on the said case will be held on November 7, 2023, and no extension of time for filing the reply or rejoinder will be provided to the defendant.
Also Read: Harley-Davidson X440 Review: Dawn Of A New Hero?
Will Hero MotoCorp get to keep the ‘X440’ name after having launched the motorcycle already or will they have to rename the newly launched Harley-Davidson motorcycle? Will Ultraviolette Automotive be provided with compensation or will they get to retain the trademarked name? Keep watching this space for all the updates on the status of the trademark infringement fight between the two brands.
