The Delhi High Court has granted an ex parte ad-interim injunction to Hero Investcorp Private Limited, restraining a Delhi-based trader from manufacturing and selling counterfeit engine-oil bottles deceptively resembling Hero’s registered design and trademarked packaging for its “Hero Genuine Oil” products.
Justice Tejas Karia, in an order dated October 10, 2025, observed that the infringing products were a near-identical imitation of Hero’s original design, labelling, and overall trade dress—an act clearly intended to mislead consumers and exploit the company’s established reputation. The Court held that such imitation not only constituted design infringement under the Designs Act, 2000, but also amounted to passing off and trademark violation under the Trade Marks Act, 1999.
Hero Investcorp, a part of the Hero MotoCorp Group, informed the Court that it owns valid registrations for both the “HERO” trademark and the unique bottle design used for its line of automotive lubricants marketed as “Hero Genuine Oil.” The company initiated legal proceedings after an internal investigation revealed that a local trader was selling counterfeit products bearing the “HERO” mark and packaged in deceptively similar containers through unauthorised distribution channels.
Taking note of the strong prima facie evidence of infringement, the Court ruled that the continued circulation of counterfeit products would cause irreparable harm to Hero Investcorp’s brand equity, market goodwill, and consumer trust. Consequently, the defendant and associated entities were restrained from producing, selling, or advertising any goods using the impugned packaging or design.
To ensure compliance, the Court also appointed a Local Commissioner to conduct raids at the defendant’s premises, seize the counterfeit stock, and submit a detailed inventory report to the registry.
The ruling reaffirms the judiciary’s proactive stance in safeguarding intellectual property rights and consumer interests in India’s automotive sector. It highlights that registered designs, trade dress, and brand identities are critical intangible assets deserving of stringent legal protection, especially in industries where product authenticity and reliability directly influence consumer safety and trust.
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