Harley-Davidson Motor Company, Inc vs Mr. Hari Kishan Pippal And Anr on 5 December, 2025

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Delhi High Court - Orders

Harley-Davidson Motor Company, Inc vs Mr. Hari Kishan Pippal And Anr on 5 December, 2025

                          $~21
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(COMM) 1293/2025
                               HARLEY-DAVIDSON MOTOR COMPANY, INC.....Plaintiff
                                             Through: Mr. Ranjan Narula, Mr. Shakti Nair
                                                        and Mr. Parth Bajaj, Advocates.
                                                     Versus
                               MR. HARI KISHAN PIPPAL AND ANR.            .....Defendants
                                             Through:
                               CORAM:
                               HON'BLE MR. JUSTICE TEJAS KARIA
                                             ORDER

% 05.12.2025 I.A. No. 30381/2025 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act ("CC Act").

2. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.

3. The Application stands disposed of.

I.A. No. 30382/2025 (Exemption from advance service to the Defendants)

4. This is an Application filed by the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from advance service to the Defendants.

5. Mr. Ranjan Narula, learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress their infringing business CS(COMM) 1293/2025 Page 1 of 16 This is a digitally signed order.

6. In view of the fact that Plaintiff has sought an urgent ex-parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from advance service to the Defendants is granted.

7. The Application is disposed of.

CS(COMM) 1293/2025

8. Let the Plaint be registered as a Suit.

9. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.

10. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.

11. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, Affidavit(s) of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

12. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

13. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

14. List before the learned Joint Registrar on 29.01.2026 for completion of service and pleadings.

CS(COMM) 1293/2025 Page 2 of 16

This is a digitally signed order.

15. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.

16. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

17. Accordingly, the Application stands disposed of. I.A. No. 30378/2025 (U/O XXXIX Rule 1 & 2 of CPC)

18. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.

19. The present Suit has been filed for permanent injunction restraining infringement of the registered Marks, ' ' and ' ' ("Plaintiff's Marks"), passing off, dilution, unfair competition for rendition of accounts / damages, delivery up, etc.

20. The learned Counsel for the Plaintiff has made the following CS(COMM) 1293/2025 Page 3 of 16 This is a digitally signed order.

20.1. The Plaintiff is a renowned manufacturer of heavyweight motorcycles, accessories such as caps, helmets, t-shirts, trousers, footwear, guards, belts, jackets, etc., and gift items such as coasters, glasses, clocks. The Plaintiff's motorcycles have a distinctive design and exhaust note. The Plaintiff's products are the market leaders and are sold in the United States, Canada, United Kingdom, Europe, Middle East, Africa, Asia Pacific, and Latin America.

20.2. The use of the Mark 'HARLEY-DAVIDSON' first commenced in 1903 in the United States of America by the Plaintiff and subsequently extended to other countries. In 1910, the Plaintiff introduced the Plaintiff's Marks, which were used for the first time in the same year.

20.3. The Plaintiff on its own and through its subsidiaries / affiliates world-wide in the course of its business, uses the Plaintiff's Marks for not only motorcycles but also for a wide range of products such as shoes, apparel and accessories including but not limited to t-shirts, shirts, shorts, gloves, riding boots, bags, ladies' handbags, hats. The Plaintiff's revenue for the Calendar Year 2024 was $5.19 billion.

20.4. The Plaintiff carries on business in India through its wholly owned subsidiary, H-D Motor Company India Private Ltd., a company incorporated in July, 2009. The Plaintiff commenced its operations in India in August, 2009. The Plaintiff has been extensively advertising its products bearing the Plaintiff's Marks CS(COMM) 1293/2025 Page 4 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 through various print media, including newspapers, magazines, trade journals, leaflets, and other promotional literature, and the said materials have been distributed throughout the country for several years. The Plaintiff's Marks are also promoted through various social media platforms, including Facebook, X, Instagram, Linkedln, and YouTube. The Plaintiff has obtained registrations for the Plaintiff's Marks in various classes. The details of registrations of the Plaintiff's Marks are as under:

Trademark Registration Class Registration Validity No. Date 490825 25 10.05.1988 10.05.2029 572236 12 30.04.1992 30.04.2026 850812 26 12.04.1999 12.04.2029 850834 16 12.04.1999 12.04.2029 850833 14 12.04.1999 12.04.2029 850832 09 12.04.1999 12.04.2029 850831 03 12.04.1999 12.04.2029 1333757 28 24.01.2005 24.01.2035 1333758 35 24.01.2005 24.01.2035 CS(COMM) 1293/2025 Page 5 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 1333159 36 24.01.2005 24.01.2035 1333761 39 24.01.2005 24.01.2035 1333762 41 24.01.2005 24.01.2035 1333763 42 24.01.2005 24.01.2035 901268 14 02.02.2000 02.02.2030 901269 16 02.02.2000 02.02.2030 901270 18 02.02.2000 02.02.2030 901271 25 02.02.2000 02.02.2030 901272 26 02.02.2000 02.02.2030 901286 03 02.02.2000 02.02.2030 901287 09 02.02.2000 02.02.2030 901288 12 02.02.2000 02.02.2030 1333750 28 24.01.2005 24.01.2035 1333751 35 24.01.2005 24.01.2035 CS(COMM) 1293/2025 Page 6 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 1333756 42 24.01.2005 24.01.2035 1333755 41 24.01.2005 24.01.2035 1333754 39 24.01.2005 24.01.2035 1333753 37 24.01.2005 24.01.2035 1333752 36 24.01.2005 24.01.2035 20.5. Defendant No. 1, Mr. Hari Kishan Pippal, is a partner of the partnership firm M/s. Harrykson Overseas. Defendant No. 2, People's Exports Private Limited, is a company incorporated and existing in India. Defendant Nos. 1 and 2 are collectively and jointly infringing and passing off the Plaintiff's Marks by adopting and using the Mark, ' ' ("Impugned Mark") for sale of footwears such as thong, formal footwear, biker boots, sandals and mojadi ("Infringing Products").

20.6. In the last week of October 2025, on checking the online records of the Trademarks Registry, the Plaintiff came across a Trade CS(COMM) 1293/2025 Page 7 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 Mark Application No. 6567070 dated 08.08.2024 filed for registration of the Impugned Mark in Class 25 by Defendant No. 2 for footwear such as thong, formal footwear, sandals and mojadi falsely claiming use since 22.06.2015. Upon discovery of the misuse of the Plaintiff's Marks, the Plaintiff conducted an enquiry into the activities of the Defendants and discovered that the Defendants are manufacturing, stocking, advertising, promoting, conducting their business, and offering for sale and selling 'biker boots' to customers across India, including throughout Delhi, and also engaged in export trade of boots. 20.7. The Defendants are offering for sale the Infringing Products through it's website, www.harryksonlondon.com ("Defendants' Website"), and third-party ecommerce platforms such as, Amazon, Flipkart and Nykaa Men to name a few. As per the Defendants' Website, the Biker Boots bearing the Impugned Mark are available between the price range of ₹3,299 to ₹3,799. As per the Amazon India website, the products bearing the Impugned Mark have been available since 29.08.2024. 20.8. The Plaintiff carried out a sample purchase of the Infringing Product through e-commerce platform Flipkart and discovered that the Impugned Mark is deceptively similar to the Plaintiff's Marks and the Infringing Products are a lookalike of the Plaintiff's products bearing the Plaintiff's Marks. A comparative table of the Plaintiff's product bearing the Plaintiff's Marks and the Infringing Product bearing the Impugned Mark is as under:

CS(COMM) 1293/2025 Page 8 of 16

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 PLAINTIFF DEFENDANTS CS(COMM) 1293/2025 Page 9 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08

21. Having considered the submissions advanced by the learned Counsel for the Plaintiff, the pleadings and the documents on record it is clear that the Plaintiff is the registered proprietor of the Plaintiff's Marks. The Plaintiff has been able to establish long and continuous use of the Plaintiff's Marks with respect to motorcycles, t-shirts, shirts, shorts, gloves, riding boots, bags, ladies' handbags, hats. The Plaintiff has demonstrated the goodwill and CS(COMM) 1293/2025 Page 10 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 reputation acquired by the Plaintiff's Marks. The Plaintiff's turnover for the Calendar Year 2024 was $5.19 billion. The Defendants' use of the Impugned Mark is prima facie dishonest and nothing but an attempt to ride the goodwill and reputation of the Plaintiff's Marks so as to cause confusion in the market.

22. This is a case of triple identity where the Plaintiff's Marks and the Impugned Mark are identical, the product category is identical and the trade channel as also the consumer base is identical. The Plaintiff being the prior user, adopter and the registered owner of the Plaintiff's Marks are entitled to protection.

23. Accordingly, the Plaintiff has made out a prima facie case for grant of an ex-parte ad-interim injunction. Balance of convenience is in favour of the Plaintiff and against the Defendants. Irreparable injury would be caused to the Plaintiff if an ex-parte ad- interim injunction is not granted.

24. Accordingly, till the next date of hearing, the Defendants, their directors, proprietors, partners, associates, assigns or assignees in interest, heirs, successors or successors in interest, permitted assigns, sister concerns or group companies, distributors, dealers, wholesalers, retailers, stockiest, agents and all others acting for and on their behalf are restrained from using, soliciting, providing services and advertising in any manner including on the internet and e-commerce platform, directly or indirectly dealing in the Infringing Products, footwears such as thong, formal footwear, biker boots, sandals and mojadi under the Impugned Mark, ' ' and / or any other Mark which is identical and / or deceptively similar to the Plaintiff's CS(COMM) 1293/2025 Page 11 of 16 This is a digitally signed order.

25. Let the Reply to the present Application be filed within four weeks after service of Notice. Rejoinder thereto, if any, be filed before the next date of hearing.

26. List before this Court on 24.03.2026.

I.A. No. 30379/2025 (for Appointment of Local Commissioner)

27. The present Application has been filed by the Plaintiff under Order XXVI Rule 9 read with Order XXXIX Rule 7 of the CPC, seeking appointment of a Local Commissioner. The Court has considered the merits of the Plaintiff's case and has granted an ex-parte ad-interim injunction as recorded above in I.A. No. 30378/2025 under Order XXXIX Rule 1 & 2 of the CPC.

28. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint a Local Commissioner to visit the Defendants' premises at the following address:

Sr. No. Particulars Name of Local Commissioner

1. M/s Harrykson Overseas Mr. Gaurav Bainsla, Advocate / People's Exports Mobile No. [+91 9810092637] Private Limited: C-36, Site C UPSIDC, Industrial Area, Sikandra, Agra, Uttar Pradesh, Near CS(COMM) 1293/2025 Page 12 of 16 This is a digitally signed order.

282007, India

29. The mandate of the learned Local Commissioner is as under:

i) The learned Local Commissioner shall visit the premises of the Defendants as per the above table, to inspect and seize any Infringing Products, footwears such as thong, formal footwear, biker boots, sandals and mojadi, either in fully or semi-manufactured condition bearing the Impugned Mark, ' ', or packaging which is identical or deceptively similar to the Plaintiff's Marks ' ' and ' '.

ii) If knowledge is acquired of any other premises than the aforesaid premises, where the Infringing Products with the Impugned Mark could be stored or services can be provided from, the learned Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well;

iii) The learned Local Commissioner shall also inspect and seize any product materials including pamphlets, brochures, stickers, packaging CS(COMM) 1293/2025 Page 13 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08 materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, unfinished, packed, unpacked Infringing Products or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the Infringing Products can take place;

iv) The learned Local Commissioner shall also obtain the details as to since when Infringing Products are being used by the Defendants under the Impugned Mark and obtain copies of the accounts if the same is found to be sold in market;

v) The learned Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendants, and take photocopy and / or record of all such transactions that pertain to Infringing Products, if any. The Defendants shall cooperate and give passwords to the computers and the files containing the accounts, if the same is stored on the computer or a specific software;

vi) After preparation of the inventory, the Infringing Products under the Impugned Mark including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, banners, signage, cartons and other material bearing the Impugned Mark and packaging which are similar to the Plaintiff's Marks shall be released to the Defendants on superdari. The monetary value of the stock shall also be ascertained;

vii) The learned Local Commissioner is also permitted to break open the locks, with Police help, if access to the premises where the CS(COMM) 1293/2025 Page 14 of 16 This is a digitally signed order.

viii) Upon being requested, the concerned Station House Officer (SHO) shall render necessary cooperation for execution of the Commission, as per this order;

ix) The learned Local Commissioner is permitted to take photographs and record videos of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiff, which would include a lawyer, are permitted to accompany the learned Local Commissioner;

x) The learned Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendants, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.

30. Either the learned Counsel for the Plaintiff or the learned Local Commissioner is directed to collect the certified copy of this Order from the Registry (Dispatch Branch) before the execution of the Commission.

31. The learned Local Commissioner shall carry the certified copy of this Order for execution of the Commission and a copy of the same shall be served upon the Defendants by the learned Local Commissioner at the time of the execution of the Commission.

32. The fees of the learned Local Commissioner is fixed at ₹2,00,000/- (Rupees Two Lakhs only) excluding out of pocket expenses, travel, lodging etc. All the aforesaid expenses shall be borne by the Plaintiff and paid in advance to the learned Local Commissioner named hereinabove.

CS(COMM) 1293/2025 Page 15 of 16

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08

33. The Commission shall be executed within a period of two weeks and the report of the learned Local Commissioner shall be filed within a period of two weeks thereafter.

34. Compliance of Order XXXIX Rule 3 of CPC shall be done within two weeks after the execution of the Commission.

35. It is directed that this Order shall be uploaded on the Court's website after the execution of the Commission is completed, to enable effective execution thereof.

36. The Application stands disposed of.

37. Order dasti under the signature of the Court Master.

TEJAS KARIA, J DECEMBER 5, 2025 ap CS(COMM) 1293/2025 Page 16 of 16 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:56:08

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Delhi High Court - Orders

Harley-Davidson Motor Company, Inc vs Mr. Hari Kishan Pippal And Anr on 5 December, 2025