The Delhi High Court has granted an ex-parte ad-interim injunction in favor of Hero Motocorp Limited, restraining Urban Electric Mobility Private Limited and others from using the trademarks 'DESTINY', 'DESTINY+', and 'DESTINY PRO' for their electric scooters. The order, passed by Justice Tejas Karia on August 13, 2025, comes in response to Hero Motocorp's plea alleging trademark infringement, passing off, and unfair competition.
Background of the Case
Hero Motocorp, a leading manufacturer of motorcycles and scooters, claimed to be the prior and registered proprietor of the marks 'DESTINY', 'DESTINI', and 'DESTINI PRIME' under Classes 12 and 37. The company asserted that it had been using the mark 'DESTINI' commercially since 2018 and had not authorized any third party to use similar marks.
The defendants, Urban Electric Mobility and Galaxy EV, were accused of manufacturing and selling electric scooters under the marks 'DESTINY', 'DESTINY+', and 'DESTINY PRO'. Hero Motocorp argued that these marks were structurally, phonetically, and visually similar to its registered trademarks, likely to cause confusion among consumers.
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Key Submissions by Hero Motocorp
The plaintiff's counsel, Mr. Saikrishna Rajagopal, highlighted several critical points:
- The defendants' use of the impugned marks was likely to mislead consumers into believing an association with Hero Motocorp.
- The defendants' adoption of the marks was mala fide, aimed at capitalizing on the plaintiff's reputation and goodwill.
- Any inferior quality products under the deceptively similar marks could harm Hero Motocorp's brand reputation.
"The dilution of the distinctiveness of the Subject Marks, erosion of consumer trust, and loss of brand exclusivity constitute injuries that cannot be quantified or compensated monetarily," the court noted in its order.
After reviewing the submissions, the court found a prima facie case in favor of Hero Motocorp. It observed that the balance of convenience tilted in the plaintiff's favor and that irreparable injury would be caused if the defendants continued using the impugned marks.
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The court restrained the defendants, their directors, and associates from manufacturing, selling, or advertising products under the marks 'DESTINY', 'DESTINY+', and 'DESTINY PRO' or any other mark deceptively similar to Hero Motocorp's registered trademarks. The defendants were also barred from using the mark 'HERO' to avoid further misrepresentation.
Next Steps
The defendants have been directed to file their reply within four weeks of receiving the pleadings. The matter has been listed for further hearing on November 24, 2025.
This interim order underscores the judiciary's commitment to protecting intellectual property rights and preventing consumer confusion in the marketplace.
Case Title: Hero Motocorp Limited v. Urban Electric Mobility Private Limited & Ors.
Case No.: CS(COMM) 832/2025
