The Delhi High Court has restrained two persons from marketing or selling on eBay, products under the name of ‘Royal Enfield’, ‘Bullet’ or any other trademark deceptively similar to the ones coined by Eicher Motors Ltd which makes the Royal Enfield motorbikes.
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 carrying the trademarks of the company.
“Hence it is directed that till the next date of hearing the defendants, their proprietors/agents, partners… and all others acting for and on their behalf are restrained from manufacturing, marketing, supplying, selling… on the online market place or by any other mode or manner dealing in or using the plaintiff’s trademarks or any other word/mark which may be identical with or deceptively similar to plaintiff’s trademarks on the impugned website www.ebay.in or any other website, as to infringement, passing off and violation of the plaintiff’s rights in its trademarks,” the court has said in its order.
The matter has been listed for further hearing on November 27.
The court’s interim order had come after 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’ and others and were cheating customers.
Eicher has claimed in its plea 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, readymade garments, jeans, trousers, jackets, gloves, helmets, head gears, boots and shoes, mugs, key-chains, bike covers etc” under its various trademarks.
The company has said it is not directly or indirectly engaged in online sale of any of its products under the trademarks except through its official online store.