Delhi High Court - Orders
Hero Investcorp Pvt Ltd And Anr vs Ashok Kumar (John Doe) on 3 November, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1168/2025 & I.A. 27088-27092/2025
HERO INVESTCORP PVT LTD AND ANR .....Plaintiffs
Through: Mr. Kunal Khanna, Mr. Madhav
Anand, Mr. Krtin Bhasin, Mr.
Yashveer Singh, Mr. Udit Sharma and
Mr. Kaulik Mitra, Advs.
versus
ASHOK KUMAR (JOHN DOE) .....Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 03.11.2025 I.A. 27090/2025 (for seeking exemption from pre-institution mediation)
1. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, ['CPC'], filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation.
2. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.
3. Accordingly, the application stands disposed of.
1(2024) 5 SCC 815 CS(COMM) 1168/2025 Page 1 of 14 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 21/11/2025 at 21:27:48 I.A. 27091/2025 (seeking leave from serving advance service)
4. The present application has been filed under Section 151 of CPC, on behalf of the Plaintiffs seeking exemption from service to the Defendant.
5. In view of the fact that the Plaintiffs has sought an ex parte ad-interim injunction along with the appointment of a Local Commissioner, the exemption from effecting service upon the Defendant at this stage is granted.
6. Accordingly, the application stands disposed of. I.A. 27092/2025 (seeking extension of time to file Court Fees)
7. This is an application under section 149 CPC read with Section 151 CPC, seeking extension of time to file court fees.
8. It is stated during arguments that Court Fees stand deposited and the Court Fees certificate will be filed within one (1) week.
9. In view of the above, time to deposit the certificate is extended by one (1) week and accordingly, the application is disposed of. CS(COMM) 1168/2025
10. Let the plaint be registered as a suit.
11. The Plaintiffs have stated that the identity of the Defendant is not known and only the location of the premises where the counterfeit products are being manufactured are known.
11.1 He seeks liberty to file an amended memo of parties after the local commission is completed to bring on details of the Defendant who is carrying on operations.
12. Let the amended memo of parties be filed within three (3) weeks from today.
CS(COMM) 1168/2025 Page 2 of 14This 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 21/11/2025 at 21:27:48
13. Upon the amended memo of parties being filed, issue summons to the Defendant through all permissible modes. Affidavit of service be filed within two (2) weeks.
14. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiffs, failing which the written statement shall not be taken on record.
15. The Plaintiffs are at liberty to file replication thereto within thirty (30) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the Defendant, failing which the replication shall not be taken on record.
16. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
17. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
18. List before the learned Joint Registrar (J) on 16.12.2025.
19. List before Court on 10.04.2026.
I.A. 27088/2025 (under Order XXXIX Rules 1 and 2 CPC)
20. This is an application filed under Order XXXIX, Rules 1 and 2, read with Section 151 of CPC, seeking ex parte ad-interim injunction against the Defendant.
21. Mr Kunal Khanna, learned counsel for the Plaintiffs, sets up the Plaintiffs' case as under:
21.1. Plaintiff Nos. 1 and 2 are group companies carrying on business under CS(COMM) 1168/2025 Page 3 of 14 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 21/11/2025 at 21:27:48 the house mark HERO. The trademark HERO is also used in label and device marks / ['HERO marks'].
The Plaintiffs have been using the trademark HERO and its formatives since 1950.
21.2. Plaintiff No. 2 is engaged in the business of manufacturing and selling motorcycles, scooters, their parts and accessories, under the trademark 'HERO' since 09.04.1985. The said business of the Plaintiff No. 2 is being carried on under the tradename, i.e., 'HERO MotoCorp.', and HERO marks. 21.3. Plaintiff No.1's earliest registration of the word mark HERO in Class 4 is Trademark Registration No. 220577, with the date of registration being 15.09.20112.
21.4. The Plaintiffs are the owners of the original artistic work as defined in Section 2(c) of the Copyright Act, 1957, subsisting in the HERO marks, featuring distinctive and imaginative styles, as depicted under:
a.
b.
21.5. Plaintiff No.2, uses the trade mark HERO and its device marks for the sale of its products sold under the brand name HERO GENUINE OIL ['HERO Oil'], by virtue of an authority letter dated 10.05.2022 issued by Plaintiff No.1 to Plaintiff No.2.2
Details of Plaintiff No.1's trademark registrations have been set out in paragraph '15' of the plaint.
CS(COMM) 1168/2025 Page 4 of 14This 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 21/11/2025 at 21:27:48 The Plaintiffs also use the HERO marks on a diverse range of products, including industrial oils and lubricants. The HERO Oil is designed with advanced fuel-saving techniques in order to maximize fuel efficiency and ensure engine health. The superior oxidative control feature of HERO Oil was adopted to keep engine oil for a longer period compared to traditional oil.
21.6. For the financial year 2021-2022, the Plaintiffs' sales of HERO Oil amounted to Rs. 483.14 crores, and they incurred advertisement expenses of Rs. 9.21 crores.
21.7. Plaintiffs' HERO Oil is sold in distinctive, unique bottles/containers, with its trademarks prominently displayed on its distinguishing label. The bottles consist of a unique shape with a variety of novel features that distinguish them from other products in a similar category. 21.8. Plaintiff No.2 is the owner of the two bottle designs bearing registration nos. 311300 and 311301, applied on 25.10.2018 ['suit designs'].
CS(COMM) 1168/2025 Page 5 of 14This 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 21/11/2025 at 21:27:48 21.9. By virtue of extensive and continuous use, the Plaintiffs' suit designs and their accompanying label have become uniquely associated with the Plaintiffs, and consumers now identify the shape and configuration of the HERO Oil bottle as originating exclusively from the Plaintiffs. Knowledge about Defendant's Infringement 21.10. The Defendant is an unidentified entity i.e., Ashok Kumar/John Doe, who is carrying out manufacturing activities from its premises at Shastri Nagar, Delhi, and is selling counterfeit engine oil/automotive lubricant bottles, unlawfully bearing the mark HERO, which is identical to the Plaintiff No.1's HERO marks and bottle designs that are identical, fraudulent imitations of Plaintiff No.2' registered designs ['impugned products'].
21.11. In October 2025, the Plaintiffs were informed through its investigators about large scale manufacture and sale of the impugned products in Delhi. During investigation, the investigator procured samples of the impugned products. The sample procured is an empty engine oil bottle which is deceptively similar to Plaintiff No.2' suit designs. The sample has Plaintiff No.1's registered HERO trademarks embossed on it, along with the labels/stickers of HERO Genuine Oil. The use of the trademarks as well as the labels/stickers is infringement.
21.12. The Defendant has not obtained any license or written permission to use the Plaintiffs' registered designs for its HERO Oil bottles or the trademarks or the labels/stickers.
22. Mr. Kunal Khanna, learned counsel for the Plaintiffs states that the impugned products procured from the Defendant's premise, reveal that the caps, labels, tapes and other such material used for the impugned products CS(COMM) 1168/2025 Page 6 of 14 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 21/11/2025 at 21:27:48 are bearing the mark HERO which is identical to Plaintiff No. 1's registered HERO trademarks as well as labels/stickers of the Plaintiffs' product HERO Oil.
He states that the Plaintiffs have a well-founded apprehension that the Defendant is either affixing such labels/stickers onto the infringing bottles and filling them with engine oil or automotive lubricants for sale, or supplying such materials to re-fillers who, in turn, fill and sell the products under the guise of HERO Oil.
22.1. He states that the Defendant has entirely and fraudulently copied the unique and novel configuration of the Plaintiff's rectangular bottle design. The impugned bottle adopts an identical overall shape and configuration, comprising a hexagonal form that is visually striking, with a slant on the top right side, curved top left and bottom corners, and depressed quadrilateral borders on the body. The smaller quadrilateral surface beneath the slant bears linear patterns, while a larger depressed quadrilateral surface at the centre serves as the area where the Plaintiffs' HERO trademark and device are ordinarily displayed. The Defendant has further imitated the distinctive dotted surface pattern, line composition, and gold colour scheme of the Plaintiffs registered design. Collectively, these elements establish that the Defendant's impugned product is a slavish and deceptive imitation of the Plaintiff's suit design.
22.2. He states that therefore, the Defendant has imitated the overall look and feel of the products is such that an unwary customer, with imperfect recollection or average intelligence is likely to be confused as to the origin or the source of the impugned products. The Defendant is trying to pass of its impugned products which may be of inferior quality, as that of the CS(COMM) 1168/2025 Page 7 of 14 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 21/11/2025 at 21:27:48 Plaintiffs in respect of identical products/goods in an attempt to derive unfair advantage and cause misrepresentation in the minds of the Plaintiffs' customer base.
22.3. He further states that the sale of any inferior quality engine oil or automotive lubricant by the Defendant, bearing Plaintiff No. 1's trade mark and Plaintiff No. 2's design, poses a serious threat to road safety at large and, in turn, an even greater threat to the hard-earned goodwill and reputation of the Plaintiffs.
Court's Findings
23. This Court has heard the learned counsel for the Plaintiffs and has perused the record. Comparison chart of the aforementioned impugned products with the Plaintiffs' products, as set out in paragraph '38' of the plaint, is as under:
Plaintiffs' Product Defendant's Impugned Product The Plaintiffs have also produced the sticker/label used by the Defendant on the impugned products in the paragraph '30' of the plaint. The relevant image is as under:CS(COMM) 1168/2025 Page 8 of 14
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 21/11/2025 at 21:27:48
24. From the comparison of products, it is prima facie evident that the Defendant is not only using the Plaintiffs' trademark HERO but has also copied the Plaintiffs' bottle design used for its HERO Genuine Oil products. The Defendant, in its impugned product, has copied the registered suit designs of the Plaintiffs almost in their entirety, including the hexagonal shape, the dotted surface pattern, the gold colour composition, and the composition of unique lines. Similarly, the sticker/label used by the Defendant on the impugned product is also deceptively similar to the label/sticker used by the Plaintiffs on their products.
25. This conduct of the Defendant constitutes a deliberate misrepresentation intended to exploit the Plaintiffs' established goodwill and mislead the public into believing that the Defendants' goods are connected with or endorsed by the Plaintiffs, when no such association exists. Moreover, the Defendant is using the impugned mark 'HERO' and impugned design for identical goods [engine oil] in the same line of business, distributed through the same trade channels, whilst catering to the same class of consumers as the Plaintiffs. Consequently, there is inevitably going to be a likelihood of confusion, and an unwary customer with average CS(COMM) 1168/2025 Page 9 of 14 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 21/11/2025 at 21:27:48 intelligence and imperfect recollection will associate the Defendant's impugned products bearing the impugned mark and design with the Plaintiffs' products.
26. In the overall conspectus, the Plaintiffs have made out a prima facie case for the grant of ex parte ad interim injunction against the Defendant. This court is satisfied that if an ex parte ad interim injunction is not granted at this stage, irreparable harm/injury would be caused to the Plaintiffs. Balance of convenience also lies in favour of the ss, and against the Defendant.
27. Accordingly, until further orders the following directions are being issued:
i. The Defendant, his/her business associates, partners, agents, employees, and anyone acting for and on his behalf are hereby restrained from manufacturing, selling, exporting, distributing, packaging, advertising, promoting, whether through offline or online means, or in any manner dealing with the impugned products bearing Plaintiff's registered HERO trademarks, formative marks and registered Design No. 311300 and Design No. 311301, or any other mark or trade dress or labels/stickers which is identical or confusingly similar to the Plaintiffs' trademarks/trade dress/bottle designs/labels in relation to identical or any allied or cognate goods or services in any manner whatsoever;
ii. Using indicia whatsoever to show any association or connection of the Defendant or its products with the Plaintiffs.
28. In view of the fact that the Plaintiffs have sought appointment of a CS(COMM) 1168/2025 Page 10 of 14 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 21/11/2025 at 21:27:48 Local Commissioner to seize the infringing product bearing the impugned mark and design, the very purpose of the grant of ex parte ad interim injunction would be defeated if the Defendant is given notice contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiffs shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution of the Local Commission, which shall not be later than two (2) weeks from today. An affidavit of compliance must be filed within two (2) weeks.
29. Upon steps being taken by the Plaintiffs, issue notice to the Defendant through all modes.
30. Reply be filed within four (4) weeks from receipt of notice. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.
31. List before the learned Joint Registrar (J) on 16.12.2025.
32. List before Court on 10.04.2026.
I.A. 27089/2025 (for appointment of Local Commissioner)
33. This is an application filed under Order XXVI Rule 9, read with Section 151 of CPC, for the appointment of a Local Commissioner.
34. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint one (1) Local Commissioner, the appointment is confined thereto.
S.NO ADDRESS Name of Local Commissioner
1. A-459/1, Near Bank of India, Prem Mr. Abhay Raj Mishra, Advocate
Chowk, Shastri Nagar, Delhi- E. No. D/3977/2025
110052. M. No. 8874227669
35. The mandate of the Local Commissioner is as under: -
CS(COMM) 1168/2025 Page 11 of 14This 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 21/11/2025 at 21:27:48 i. The Local Commissioner shall visit the premises of the Defendant as mentioned above, to inspect and seize the impugned products.
ii. The Local Commissioner is permitted to seize the impugned Products at the above premises, and if knowledge is acquired of any other premises where the goods could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well.
iii. The Local Commissioner shall also inspect and seize any goods/materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dyes or blocks, unfinished, packed, unpacked products bearing the impugned mark, design, sticker/label or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the impugned products bearing the impugned mark, label and/or infringing design can take place. iv. The Local Commissioner shall also obtain the details as to since when the impugned products are being manufactured and/or sold by the Defendant and obtain copies of the account. v. The 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 Defendant and take a photocopy and/or record of all such transactions that pertain to impugned products, if any. The Defendant shall CS(COMM) 1168/2025 Page 12 of 14 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 21/11/2025 at 21:27:48 cooperate and give passwords to the computers and the files containing the accounts, if the same are stored on the computer or a specific software.
vi. After preparation of the inventory, the impugned products in fully manufactured or unfinished condition, including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, brochures, banners, signage, cartons and other material bearing the impugned design/mark/sticker/label, which are similar to the Plaintiffs' trademarks, shall be released to the Defendant on Superdari. The monetary value of the stock shall also be ascertained. vii. The Local Commissioner is also permitted to break open the locks, with the help of the local police, if access to the premises where the impugned products have been stocked/manufactured is denied to the Commissioners.
viii. Upon being requested, the concerned, the Station House Officer ['SHO'] and/or the concerned Commissioner of Police and/or Superintendent of Police ['SP'] having jurisdiction over the aforesaid jurisdiction, shall render necessary cooperation for execution of the commission, as per this order. ix. The Local Commissioner is permitted to take photographs and videography of the proceedings of the commission, if it is deemed appropriate.
x. The Local Commissioner, while executing the commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the CS(COMM) 1168/2025 Page 13 of 14 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 21/11/2025 at 21:27:48 commission. The commission shall be executed in a peaceful manner.
xi. Copy of the order and complete paper book shall be served by the Local Commissioner upon the Defendant at the time of execution of the commission.
36. The order passed today shall be communicated by the Local Commissioners to the Defendant.
37. The fee of the Local Commissioner is fixed at Rs. 2,00,000 (Rupees Two Lakhs Only), excluding out-of-pocket expenses, travel expenses, and accommodation expenses, etc., which are to be borne by the Plaintiffs.
38. Local commission is to be executed within two (2) weeks. The report of the Local Commissioners shall be filed within two (2) weeks thereafter.
39. The order passed today shall not be uploaded for a period of two (2) weeks to enable the execution of the commission.
40. Either the learned counsel for the Plaintiffs or the learned Local Commissioner is directed to collect a certified copy of this order from the Registry (Dispatch Branch) before execution of the Commission.
41. 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 Defendant by the learned Local Commissioner at the time of the execution of the Commission.
42. Coloured Copy of this order to be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J NOVEMBER 3, 2025/msh/aa CS(COMM) 1168/2025 Page 14 of 14 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 21/11/2025 at 21:27:48