High Court urges Expedited Trial in Hero Cycle Trademark Infringement Dispute

The Patna High Court has taken significant steps to accelerate the trial process in a long-standing trademark infringement case between Hero Cycle Limited and Hero Ecotech Limited.

Recognizing the need for expediency, the court has requested the trial court to swiftly conclude the trial, urging both parties to cooperate in the early resolution of the title suit. This move comes after the Supreme Court's intervention in 2016, where it restored the order of injunction granted by the trial court and emphasized the importance of an unbiased and prompt trial process.

The dispute originated in 2014 when Hero Cycle Limited filed a civil suit before the District Court, seeking a permanent injunction against Hero Ecotech Limited, its Director Vijay Munjal, and Kumar Cycle Store, prohibiting the unauthorized use and trading of the registered trademark 'HERO' in connection with bicycles and bicycle parts. The trial court initially restrained the defendants from using the aforementioned trademark, either in its original form or with any prefixes or suffixes related to bicycles. However, the defendants subsequently filed an application under Section 151 of the Code of Civil Procedure, resulting in the recall of the trial court's order debarring them from filing a written statement. The defendants were allowed to file their statement upon payment of a cost of Rs 5,000.

In response to the petitioner's plea challenging the recall order, the Patna High Court dismissed the argument, stating that there were no substantive procedural irregularities or illegality warranting the court's interference in its supervisory jurisdiction under Article 227 of the Constitution of India. The court also highlighted the Supreme Court's directive to expedite the trial and emphasized the need for sincere efforts from both parties for the early resolution of the title suit.

The dismissal of the petition marks a continuation of the legal proceedings in the trademark infringement case.