Delhi HC Bans Use of ‘DESTINY’ Scooters, Sides with Hero MotoCorp
The Delhi High Court has granted relief to Hero MotoCorp by restraining Urban Electric Mobility and its partners from using the names ‘DESTINY’, ‘DESTINY+’, and ‘DESTINY PRO’ for their scooters.
Justice Tejas Karia, on 13 August, passed an ex parte ad-interim injunction after Hero filed a case alleging trademark infringement, passing off, and unfair competition.
Hero argued that it owns registered trademarks for ‘DESTINY’, ‘DESTINI’, and ‘DESTINI PRIME’ under Classes 12 and 37. The company claimed that the defendants, trading under Urban Ebikes and Galaxy EV, were selling scooters with nearly identical names to mislead customers and ride on Hero’s goodwill.
The Court also noted that some of the defendants had been using the ‘HERO’ mark, which could confuse buyers and wrongly suggest a link with Hero MotoCorp.
Finding merit in Hero’s case, the Court observed:
“A prima facie case has been made out. Balance of convenience lies in favour of the plaintiff. Irreparable injury would be caused if defendants continue to use the impugned marks.”
Accordingly, the Court directed the defendants and their associates to immediately stop selling, advertising, or promoting scooters under ‘DESTINY’, ‘DESTINY+’, and ‘DESTINY PRO’ or any other deceptively similar marks.
Hero MotoCorp was represented by Advocates Saikrishna Rajagopal, Sidharth Chopra, Kanishk Kumar, Deepika Pokharia, Priyansh Kohli, and Abhinav Bhalla of Saikrishna & Associates.
Case Title: Hero MotoCorp Limited vs Urban Electric Mobility Pvt Ltd & Ors.
