SC restrains Hero Ecotech Ltd from using trade name "Hero"

New Delhi, Sep 6 (PTI) In a breather to bicycle makerHero Cycles, the Supreme Court has restrained rival HeroEcotech Limited from using the trade name "Hero" for itsbicycles. A bench headed by Justic Ranjan Gogoi set aside the PatnaHigh Court order and restored the injunction order granted bythe trial Court. "Having considered the relevant clauses of agreementdated May 20, 2010 as well as the Business RealignmentAgreement dated January 31, 2010, we are of the view that theHigh Court fell into error in interfering with the order ofthe trial court. "We, therefore, set aside the order of the High Court andrestore the order of injunction granted by the trial court onthe same terms. We request the trial court to expedite thetrial and complete the same as early as possible, uninfluencedby the terms of the present order," the bench also comprisingJustice Prafulla C Pant said. The apex court order came on an appeal filed by HeroCycles Limited against Patna High Court order which had setaside and vacated March 21, 2015 injunction order granted bythe trial court. The trial court had said that Hero Cycles Limited hasexclusive rights over trademark and trade name "HERO" with orwithout prefix or suffix for the manufacture and sale ofbicycles and bicycle components in India. It had also restrained Hero Ecotech Limited from"infringing the exclusive rights of Hero Cycles Limited in thetrademark and trade name ‘HERO’ with or without prefix orsuffix for bicycles, tricycles or their parts in India". Punjab-based Hero Ecotech Ltd is led by Vijay Munjal,while Hero Cycles is owned by his relative O P Munjal. PTI PKSKRH RKSARC