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Chennai, Jan 8: TVS Motor Company Ltd has successfully thwarted rival Bajaj Auto’s attempt to stay the sale of its contentious 125 CC motorcycle ‘Flame’ in the Supreme Court on Tuesday. A Supreme Court bench presided by the Chief Justice, Justice Ravindran and Justice Panchal refused to stay the sale of TVS Motor Company’s ‘Flame’ in a special leave petition (SLP) filed by Bajaj Auto Ltd against TVS Motor.
The appeal of Bajaj Auto was directed against the division bench judgement of the Madras High Court which had on December 20, 2007 permitted TVS Motor to go ahead with the manufacture and sale of its 125 CC motorbike ‘Flame’. TVS believes that ‘Flame’ will provide the much-needed impetus and help boost its sales in the months to come.
The Supreme Court orally observed that the order of the learned single judge of the Madras High Court staying the further sale of the subject vehicle was not backed by any reasons and hence refused to pass any interim order in favour of Bajaj. It may be recalled that Bajaj in its petition in the Madras High Court said that the said vehicle ‘Flame’ infringed its patent. However, TVS Motor contended that the vehicle is protected by a licence granted by a registered patent holder viz by Austrian company called AVL List GmbH, internationally known for the development of engines.
TVS further has applied to the Intellectual Property Appellate Board (IPAB) for revocation of the patent existing in the name of Bajaj.
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