Shivani Thakur
Published on: June 12, 2022 at 14:50 IST
The Delhi High Court granted One Moto Scooters Trading LLC an interim injunction to prohibit its ex-licensees from infringing on the Company’s Intellectual Property (IP) rights in India.
“Accordingly, considering the fact that the question of maintainability would require some hearing and that there is an imminent threat of the respondents launching or using the mark ‘ONE MOTO’ in some manner,including by appointment of distributors or commencing manufacturing of automotive products, it is deemed appropriate to restrain the respondents,” the Court said.
The Petitioner filed the case in response to various issues with the respondents arising from the Distributorship Agreement that allowed the respondents to utilise the Trade Mark and Copyrights for the electric vehicles “One Moto,” “Electa,” “Commuta,” “Ryda,” “Scoota,” “Deliva,” and “Byka.”
In the event of a dispute, the parties to the agreement were to resort to the London Court of International Arbitration, with England and Wales as the prevailing law.
In the event of a dispute, the parties to the agreement were to resort to the London Court of International Arbitration, with England and Wales as the prevailing law.
The respondents were thus barred from using the mark ‘ONE MOTO,’ the device mark, or any other mark that is identical or deceptively similar to the trademarks of the products ‘ONE MOTO,’ ‘ELECT,’ ‘COMMUTA,’ ‘RYDA,’SCOOTA,’DELIVA,’ and ‘BYKA.’
“It is directed that status quo shall be maintained and the domain name shall remain blocked. Copy of this order shall be communicated to National Internet Exchange of India (NIXI) by the ld. Counsel for the Petitioner,” the Court ordered.
In view of the fact that the distributorship agreement between the parties stood terminated.
“The same shall be without prejudice to all the claims and counter-claims which the parties may have against each other.”
The matter will be heard on 23 September.